HomeMy WebLinkAboutPlanning Commission Packet 10-25-19905..4.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Oct. 25, 1990 COMMISSION MEETING DATE: Nov. 14, 1990
FILE NO.: 90081
PETITIONER: Orville and Joyce Miller
REQUEST: Rezoning, Preliminary Plat, and Variance for Kingsway
Estates
LOCATION: Northeast Corner of County Road 6 and Xanthus Lane (18630
County Road 6)
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
On June 24, 1987, the Planning Commission denied a request by Orville and
Joyce Miller for a variance from the platting requirements of the Subdivision
Code and lot size requirements in the FRD District to create two developable
lots in an unserved area.
The site is served with municipal sanitary sewer and water.
This request is to rezone the property to R -1A (Low Density Single Family
Residential) District, approve a Preliminary Plat for a four -lot subdivision,
and grant Subdivision Ordinance variances to allow access to Lot 1 by a
private road; and the dedication of a half street right -of -way. The site is
currently unplatted.
Petition 90097 on this agenda is a similar request for rezoning and platting
approval. These two requests are on either side of a third tract of land
which will have limited development possibilities, due to the projects on
either side.
Notice of the Public Hearing has been published in the official City newspaper
and mailed to all property owners within 500 feet. A development sign has
also been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The Physical Constraints Analysis shows this property to be located within
the Mooney Lake Drainage District. The site contains significant woodland
see next page)
File 90081
Page Two
coverage and severe slopes in the northern portion of the site. The site
drops approximately 75 feet from the central part of the tract to the
lake. The soils appear suitable for urban capability with public sewers.
This site is suitable for urban development.
2. The site is within the Department of Natural Resources (DNR) Shoreland
Management area for Mooney Lake, which is designated for recreational
development. The proposed plat meets the minimum requirements of the
Shoreland Management Overlay District. The DNR has been notified, a
response has been received and is included in the attachments. Their
response primarily addresses construction issues, which will be noted as
the project proceeds.
3. The primary issue with this petition is the request to dedicate a half
street (25 feet of right -of -way) instead of a full street (50 feet of
right -of -way), and not to construct the street at this time. Currently, a
private road provides access to nine tracts of land on the south side of
Mooney Lake. The petitioner proposes to dedicate 25 feet of right -of -way
adjacent to the private road with the intention that the remaining 25 feet
of right -of -way be obtained from the property to the west. When the
properties to the north and west are platted, they must provide frontage
on a public street.
4. The request for a half street dedication results in a variance request
from Subdivision Ordinance Chapter 500.17, Subdivision 10, Half Streets
and Chapter 500.21, Subdivision 5, Frontage. Conditions under which
variances to the Subdivision Ordinance may be granted are addressed in
Chapter 500.41, Variance. A copy of Chapter 500.41 is included in the
attachments.
PLANNING STAFF COMMENTS:
1. The Preliminary Plat meets or exceeds the Zoning Ordinance requirements
for the R -1A (Low Density Single Family Residential) District. Each lot
within the Preliminary Plat meets or exceeds the Zoning Ordinance
requirements for the proposed zoning district.
2. We find the rezoning of this parcel to be consistent with the Guide Plan
classification for this area.
3. Park dedication requirements associated with this plat are cash fees in
lieu of land dedication.
4. The Preliminary Plat does not meet the design requirements of the
Subdivision Ordinance. The Subdivision Ordinance requires the dedication
of a full street right -of -way, and frontage on a dedicated street. To
differentiate between the two, a street is constructed within a street
right -of -way; right -of -way is used not only for streets, but also for
see next page)
File 90081
Page Three
utilities to serve adjacent properties. The Preliminary Plat submitted
does not meet the conditions of either item.
5. We find that the variances requested do not meet the variance standards in
Chapter 500.41, based on the following findings:
a. The strict application of a 50 -foot right -of -way dedication does not
deprive the applicant of the reasonable use of the land.
b. The variances are not necessary in order for the property owner to
enjoy substantial properly rights by the applicant.
c. The granting of the variances may be detrimental to the public welfare
or other property. The City may be required to condemn other property
in order to provide a full 50 -foot right -of -way if the variances are
approved.
6. In the petitioner's letter dated November 7, 1990, he proposes water
service to Lot 1 and 2 contrary to the recommendation from the Public
Works Department. We concur with the Engineer's Memorandum regarding the
method of water service to this site.
7. This petition consists of three parts: rezoning, platting, and variances.
The rezoning aspect of this petition is not dependent upon the platting or
variance aspects. The rezoning request is analyzed on its own merits. In
this case, the proposed zoning is appropriate for this location. The
platting of this property does not have to occur simultaneous with the
rezoning; it may occur anytime after the zoning has been approved.
RECOMMENDATION:
I hereby recommend denial of the Preliminary Plat and requested variances
based on the findings of the draft resolution.
A draft resolution for denial of the Preliminary Plat and variances as
recommended and a draft resolution for approval of the Preliminary Plat and
variances have been provided to be consistent with Planning Commission
procedure.
Submitted by: -11-10Jbg
nluxl-
o"J
Charles E. Dillerud, ommunity Development Coordinator
ATTACHMENTS:
1. Ordinance Amending the Zoning Ordinance
2. Resolution Denying Preliminary Plat
3. Resolution Approving Preliminary Plat
4. Engineer's Memorandum
5. DNR Letter Dated August fig, 1990
6. Letter from Petitioner Dated November 7, 1990
7. Copy of Chapter 500.41 of the Subdivision Ordinance
8. Location Map
pc /cd /90081:dl)
CITY OF PLYMOUTH
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
AT THE NORTHEAST CORNER OF COUNTY ROAD 6 AND XANTHUS LANE AS R -1A (LOW DENSITY
SINGLE FAMILY RESIDENTIAL DISTRICT)
Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of
Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by
changing the classification on the City of Plymouth Zoning Map from FRD
Future Restricted Development) District to R -1A (Low Density Single Family
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. 90081.
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 day of .
Mayor
ATTEST
City Clerk
File 90081
DENYING PRELIMINARY PLAT AND SUBDIVISION VARIANCES FOR ORVILLE AND JOYCE
MILLER FOR KINGSWAY ESTATES (90081)
WHEREAS, Orville and Joyce Miller have requested approval for a Preliminary
Plat for Kingsway Estates, a plat for 4 lots on 3.73 acres of land and
variances from the Subdivision Ordinance design standards to allow a half
street right -of -way dedication and not to provide street frontage for property
located at the northeast corner of County Road 6 and Xanthus Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it hereby does deny the request by Orville and Joyce
Miller for a Preliminary Plat and Subdivision variances for Kingsway Estates
for 4 lots located at the northeast corner of County Road 6 and Xanthus Lane,
based on the following finding:
1. The variances requested do not meet the variance standards in Chapter
500.41:
a. The strict application of a 50 -foot right -of -way dedication does
not deprive the applicant of the reasonable use of the land.
b. The variances are not necessary in order for the property owner to
enjoy substantial property rights by the applicant.
C. The granting of the variances may be detrimental to the public
welfare or other property. The City may be required to condemn
other property in order to provide a full 50 -foot right -of -way if
the variances are approved.
APPROVING PRELIMINARY PLAT AND SUBDIVISION VARIANCES FOR ORVILLE AND JOYCE
MILLER FOR KINGSWAY ESTATES (90081)
WHEREAS, Orville and Joyce Miller have requested approval for a Preliminary
Plat for Kingsway Estates, a plat for 4 lots on 3.73 acres of land and
variances from the Subdivision Ordinance design standards to allow a half
street right -of -way dedication and not to provide street frontage for property
located at the northeast corner of County Road 6 and Xanthus 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 hereby does approve the request by Orville and
Joyce Miller for a Preliminary Plat and Subdivision variances for Kingsway
Estates for 4 lots located at the northeast corner of County Road 6 and
Xanthus Lane, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No building permits shall be issued until a contract has been awarded for
sewer and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of filing the Final Plat.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution 79 -80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
7. No building permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
8. Incorporation of tree protection provisions in the Final Plat and
Development Contract approval.
9. Approving the variance request to dedicate a half street right -of -way and
not to provide frontage on a dedicated street, based on the following
findings:
a. The strict requirement of a 50 -foot right -of -way dedication would
deprive the applicant of the reasonable use of the land.
b. The variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant.
c. The granting of the variance will not be detrimental to the public
welfare or injurious to other property.
10. Dedication of 10 additional feet of right -of -way for County Road 6 for a
total dedication of 50 feet from the center line.
DATE:
FILE NO.:
PETITIONER:
PRELIMINARY PLAT:
LOCATION:
N/A Yes No
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
November 6, 1990
90081
Mr. Orville Miller, 18630 County Road 6, Plymouth, MN 55447
KINGSWAY ESTATES
North of County Road 6, east of Xanthus Lane in the southwest 1/4
of Section 30.
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X_ SAC and REC charges will be payable at the time building permits are
issued.
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of final plat approval. Theme are in addition to the
assessments shown in No. 1 and No. 2.
4. Area assessments: None.
5. Other additional assessments estimated: None,
N/A Yes No
6. _ _ X Complies with standard utility /drainage easements -
The City will require utility and drainage easements ten feet (10')
in width adjoining all streets and six feet (6') in width adjoining
side and rear lot lines.
N/A Yes No
7. X All standard utility easements required for construction are provided
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been reviewed
with the final plat and final construction plans.
X Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100 year
high water elevation and conformance with the City's comprehensive
storm water drainage plan.
A drainage easement for _purposes shall be shown on the final
plat to an elevation of 990.0_
9. X All existing unnecessary easements and rights -of -way have been
vacated
It will be necessary to vacate the obsolete easements /right -of -way to
facilitate the development. This is not an automatic process in
conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions of
easements proposed to be vacated.
10. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application - If it is subsequently determined that
the subject property is abstract property, then this requirement does
not apply.
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
11. _ _ __X_ All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
X DNR
MnDOT
X Hennepin County
MPCA
X State Health Department
Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
2 -
TRANSPORTATION:
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. _ X Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
14. X _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
15. _ _ X All existing street rights -of -way are required width -
Additional right -of -way will be required on An additional 10 feet of
right-of-way will be required on County Road 6 making a total
distance from renter line 50 feet.
N/A Yes No
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be responsible
for constructing the necessary sanitary sewer, water, storm sewer and
streets needed to serve this plat. A registered professional
engineer must prepare the plans and profiles of the proposed sanitary
sewer, watermain, storm sewer facilities and streets to serve the
development. See special conditions.
3 -
N/A Yes No
17. X Preliminary utility plans submitted comply with all City requirements
The developer has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm sewer facilities. See
Pr. al conditions.
18. X Per developer's request a preliminary report and plan will be
prepared by the City -
If it is their desire to have the City construct these facilities as
part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1,
of the year preceding construction.
19. _ X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
N/A Yes No
20. X The preliminary plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
21. X The preliminary plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4 -
PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL:
N/A Yes No
22. X It will be necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making -any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right -of -way. All water connections shall be via
wettan.
23. _ _ X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted to
the City's Consulting Engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan. All
of their recommendations shall be incorporated in a revised plan.
The grading and drainage plan shall also indicate proposed methods of
erosion control, including the placement of silt fence in strategic
locations. Additionally, the following revisions will be necessary:
Grading is not proposed with the preliminary or final plat. Each
Certificate of Survey submitted shall show proposed grading and
gros on control measures.
24. A. Watermain along with a fire hydrant along Xanthus Lane to the north plat line.
B. A driveway shall be shared by Lots 3 and 4 Block 1.
C. Cross easements shall be provided for the driveway and for the sanitary sewer
and water service.
D. Xanthus Lane is a private road, the developer is proposing to access two lots
to this private road. It is recommended that:
1. 50 feet of public right -of -way be provided.
2. The road be constructed to a 33 foot wide minimum standard City street.
E. The developer will be responsible for the cost and installation of the water
service from the watermain to the new homes. Stop boxes shall be provided at
the new right -of -way line for each service.
Submitted by:
Daniel L. Faulkner, P.E.
City Engineer
5 -
tM nn 22
DEPARTMENT
STATE OFF
OF NATURAL
METRO REGION WATERS - 1200
PHONE NO. 296 -7523
August 28, 1990
INNESOTA
RESOURCES L°
WWER ROAD, ST. PAUL, MN 55106
FILE NO.
mrg pw;,7gm
AUG 30 1990
Mr. Charles Dillerud
CiT`i (1(' F LYfl QUTHCityof
mouth Blvd. COMMUNITY DEVELOPMENT DEPT. 3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mr. Dillerud:
RE: PRELIMINARY PLAT, KINCSWAY ESTATES, SW1 /4, SECTION 30, T118N,
R22W, HENNEPIN COUNTY L7 001a)
We have reviewed the site plans (received August 20, 1990) for the
above- referenced project and have the following camients to offer:
1) Protected water Mooney Lake (27 -134P) is on the proposed site.
Any activity below the ordinary high water (OHW) elevation,
which alters the course, current or cross - section of protected
waters or wetlands, is under the jurisdiction of the DNR and
may require a DNR protected waters permit. The OHW for Mooney
Lake is 988.0' (NGVD, 1929).
2) If construction involves dewatering in excess of 10,000 gallons
per day or 1 million gallons per year, the contractor will need
to obtain a DNR appropriation permit. You are advised that it
typically takes approximately 60 days to process the permit
application.
3) Appropriate erosion control measures should be taken during the
construction period. The Minnesota Construction Site Erosion
and Sediment Control Planning Handbook (Board of Water and Soil
Resources and Association of Metropolitan Soil and Water
Conservation Districts) guidelines, or their equivalent, should
be followed.
4) The proposed plan does not indicate how the stormwater
will be managed. You are advised that the DNR would object to
having the stormwater routed directly to Mooney Lake.
Stormwater sedimentation /treatment basins, or other appropriate
stormwater treatment features, should be included in the
stormwater management plan. If stormwater is routed directly
to Mooney Lake it can cause sedimentation and water level
bounces that are detrimental to the basin's wildlife values and
water quality.
AN EQUAL OPPORTUNITY EMPLOYER
Charles Dillerud
August 28, 1990
Page Two
8) DNR protected water Mooney Lake (27 -134P) should be labeled as
such in future plans or plats and the OHW, if available, should
be noted.
Thank you for the opportunity to comment. Please contact re at
296 -7523 should you have any questions regarding these comments.
Sincerely,
Joseph Richter
Hydrologist
C172:kap
NOV 7 l
CITY Itj l L_ +f U tt : i
COMr: "WTY DEI LUNIWENT DEP1
18630 County Road 6
Plymouth, Minn. 55447
November 7, 1990,
Mr. Charles E. Dillerud, Community Development Coordinator
City of Plymouth
3400 Plymouth Boulevard,
Plymouth, Minnesota 55447
Dear Mr. Dillerud:
SUBJECT: ORVILLE MILLER. REZONING AND PRELIMINARY PLAT FOR
KINGSWAY ESTATES (90081).
Although your Planning Staff Report and Engineer's Memorandum, will not be
available to us until Friday, November 9th, your office has advised us that any
written comments from us need to be in your office today to be included in the
report. From your two September 5th letters and October 23 letter, and in our
meetings with members of your staff with our consulting engineers (McCombs Frank
Roos and Associates, In.c), we are at present concerned particularily about two
City Ordinance standards /requiements as related to Xanthus Lane, and very respect-
fully volunteer our opinions and these comments:
First, that Xanthus Lane, for our proposed Lot 1 Only, be a dedicated public
street and widened and improved to City standards.
Comments:
There is less traffic today on Xanthus Lane than five to ten years
ago, the reason being less High School/College/Young Adults residing in
the nine residences presently using Xanthus Lane. Further, in the thirty
one years we have lived here, we are not aware of any significant accidents
ever occuring. For safety reason, having a widened and improved street
from County Road 6 only to end abrubtly at the end of o_ur road easement,
and after an elevation rise that tben begins to drop off), and resuming
in the original and narrower existing blacktop private road, seems un-
desirable.
In our proposed plat, land area is being set aside (dedicated) for
future widening, etc, if and when necessary and /or desirable. In selling
these two. lots, the buyers would be informed and burdened of the exposure
at some later date to possible assessments, etc.
This is only our speculation, but we believe the residents using this
existing private road, especially for general appearance, uniformity and
aesthetical reasons, wo uld prefer - at least for now - that it be left
as is ".
Secondly, that a water lateral /line be extended north from County Road 6 on Xan-
thus Lane to the end of our property.
Comments:
A meeting, initiated by about thirty Mooney Lake property owners (in
t_he unserviced South and South East lake corner) at the Ste Edward's
Church on November 15th, 1988, brought a unanimous reaction that they did
not want public sewer and water (see last paragraph of attached meeting
notice - Exhibit "A "). Mr. Fred Moore and Councilmember Marie Vasi7ou were
in attendance at this rather spirited meeting. A week or so later, a
signed petition to this effect was forwarded to the City by their attorney,
WS
Letter, City of Plymouth, November 7, 1990, Continued.
Mr. James P. Michels, with Best and Flanagan firm. Early in January,
1989, the Bonestroo consulting engineering Mooney Lake Sewer report was
concluded and made public. We are not aware of any property owners
residing on Xanthus Lane that would request this extension at this time.
Generally, most home-shave the sewer /water line. trench enter their
houses at only one point. This is what we are proposing: Lot One, with
a separate trench carrying both water and sewer from Co untry Road 6,
and the same for Lot Two. The distances and elevationare very favor -
a ble. This is more desirable and economical and practical for us as
land owners (rather than having two trenchs for each house and attempting
to draw city water from Xanthus). There is no need and it would be
al economic hardship to be forced to construct water lines to each of
these two lots from Xanthus.
Finally, in both of the above situations, it would be difficult, it seems to
us, to fairly and equitable determine assessments to all the Xanthus Lane users
property owners.
We very much appreciate your cooperation in this matter, and for the opportun-
ity to submit in writing these comments. If you have any questions or desire
additional information, please contact us.
Sp
rely yours,
o
le E.Il C
4
Joyce I. Miller
Enc 1. - Exhibit "A ",11/15/88 Meeting Notice.
D PI
The City of Plymouth has authorized a Sewer and Water Survey which relates to
the area outlined per the attached map as "Proposed Service Area ". We believe D • t at t is inc u es your proper y f
This survey will determine the fessability and cost of providing sewer and
water to this area and will be done by an outside group of consultants.
This study resulted from a request of four property owners whose property is
pe r the attachment as "Petitioners ". Their request did not
P Y ,
g,(: talsoidentified
state that sewer was needed because of ground or water contamination, or that
their present sewer system was not functioning. We assume that their request {
resulted solely from their desire to subdivide their property which they cannotA tdowithoutapublicsewerandwatersystem. JJi.
After the survey is completed, it will be passed on to the Plymouth Assessment j.'Jf
Committee for the purpose of determining a basis for allocating costs to the
property owners. A preliminary estimate of the cost is $1,000,000 -which will
be paid for by the property owners in the area identified.
3v m 4mel
About the first of the year (1989), public hearings will be held, and then the tuir-
matter will be presented to the Plymouth Council for discussion and / action. pw ,6.0 o
This is an expensive project and 1 an a the a earance of
yAlm
7-.4441 A O',{i%
our property.
Many of us believe that the sewer and water system for this area is not xmyf P%n•'h i
warranted.
Other than the four individuals mentioned, we know of no others at this ti
who are requesting sewer and water. `
If you feel that public sewer and ate is not necessary in the dentified area,
please plan to attend a meeting Tues a evening, November 15th (7 m ) in the
undercroft of the St. Edward's Church located on ern a e an ounty marl !E,_
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Plymouth City Code 500.39
500.39. Sea Level Elevations Required. All surveys submitted in connection with
applications for waivers of the provisions of Minnesota Statutes, Section 162.358,
Subdivision 4, or for division or consolidation of lots or tracts as provided in
Section 500.37 shall show thereon sea level elevations at 50 foot intervals.
500.41. Variances. Subdivision 1. General Conditions. -The Planning Commission
may recommend a variance from the provisions of this Section as to specific
properties when, in its judgment, an unusual hardship on the land exists. In
granting a variance, the Commission may prescribe conditions that it deems
necessary or desirable in the public interest. In making its findings, as required
below, the Commission shall consider the nature of the proposed use of the land
and the existing use of land in the vicinity, the number of persons to reside or
work in the proposed subdivision, and the probable effect of the proposed
subdivision upon traffic conditions in the vicinity. No variance shall be granted
unless the Commission finds:
a) That there are special circumstances or conditions affecting the
specific property such that the strict application of the provisions
of this Section would deprive the applicant of the reasonable use
of the land.
b) That the variance is necessary for the preservation and enjoyment of
a substantial property right of the applicant.
c) That the granting of the variance will not be detrimental to the public
welfare or injurious to other property in the territory in which the
property is situated.
The Commission findings in granting or denying a variance shall be in writing and
filed with the City Clerk.
Subd. 2. Application Required. Applications for any variance under this
Subsection shall be submitted in writing.by the owner or subdivider at the time
the preliminary plat is filed for consideration by the Planning Commission, and
shall state all facts relied upon by the applicant, and shall be supplemented with
maps, plans or other additional data which may aid the Commission in the analysis
of the proposed project. The plans for such development shall include such
covenants, restrictions or other legal provisions necessary to guarantee the
full achievement of the plan for the proposed project.
500.43. Compliance; Waivers; Building Permits. Subdivision 1. Conveyance of Land.
Any person who conveys land by metes and bounds or by reference to an unapproved
plat or registered land survey in violation of the provisions of Minnesota Statutes,
Section 162.358, Subdivision 4, is subject to the penalty provisions of that
Section.
Subd. 2. Waiver of Compliance. In arty case where compliance with the
provisions of Minnesota Statutes, Section 162.358, Subdivision 4 will create an
unnecessary hardship and failure to comply will not interfere with the purpose
of this Section, the City Council may by resolution waive compliance with this
Subsection, provided, however, that the proposed conveyance has been reviewed
by the Planning Commission and the Commission has found that it complies
with all provisions of this Section.
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X5.13.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Nov. 6, 1990 COMMISSION MEETING DATE: Nov. 14, 1990
FILE NO.: 90085
PETITIONER: Greenwalt Development, Inc.
REQUEST: Site Plan, Conditional Use Permit, and Zoning Ordinance
Variances for "The Wholesale Club."
LOCATION: Northeast Corner of Nathan Lane and 56th Avenue North
GUIDE PLAN CLASS: CS (Service Business)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
On October 24, 1990, the Planning Commission took action recommending approval
of a Preliminary Plat, General Development Plan, and rezoning for the Bass
Lake Plaza 5th Addition creating a lot upon which a B -3 service commercial use
was proposed. The Planning Commission deferred consideration of a Site Plan
with Zoning Ordinance variances to construct a 108,094 square foot retail
facility including an off - street parking "proof of parking" plan. The
deferral action was to permit the petitioner the opportunity to review design
alternatives for the Site Plan that would redesign or reorient the overhead
door /service areas of the structure from the proposed location near the
intersection of 56th Avenue North and Nathan Lane.
The applicant has not, as of November 6, 1990, submitted amended Site Plans,
and, therefore, the Site Plan for "The Wholesale Club" is not addressed by
this memorandum.
The applicant had made application for a Conditional Use Permit to allow the
auto service and minor repair facility, but it was determined that the notice
of public hearing concerning the applications considered October 24, 1990, did
not include the Conditional Use Permit request.
Proposed is the Conditional Use Permit to allow the minor repair /service of
motor vehicles in the proposed "The Wholesale Club" structure - -a portion of
the application that includes the Site Plan and Zoning Ordinance Variance.
A notice of this Conditional Use Permit Public Hearing has been published in
the official City newspaper, and all property owners within 500 feet have been
notified. A development sign has been placed on the property.
see next page)
File 90085
Page Two
PRIMARY ISSUES AND ANALYSIS:
s f.
1. The Zoning Ordinance, in Section 9, provides for the approval of
Conditional Use Permits when such permits are authorized by other sections
of the Zoning Ordinance, and when such permits will meet the six standards
provided for by the Zoning Ordinance. The service /repair of automobiles
is a conditional use in both the B -2 and B -3 zoning districts.
We have attached a copy of the six Conditional Use Permit standards from
the Zoning Ordinance. The applicant has not provided a written response
to those standards although the application materials for a Conditional
Use Permit include those standards as an attachment, and encourages the
applicant to provide responses to the standards.
2. The Conditional Use Permit application is to permit a tire installation
center occupying 2,460 square feet (2.5 percent) of the proposed "The
Wholesale Club" structure. Four overhead doors and related service bays
are proposed for the installation of tires purchased from "The Wholesale
Club."
3. The location of the proposed tire installation conditional use is the west
side of the structure, facing Nathan Lane. At its meeting October 24,
1990, the Planning Commission, although not addressing the Conditional Use
Permit specifically, advised the petitioner that location of the
facilities in support of this use on the west side of the building was not
a design favored by some Commissioners.
4. The Site Plan recommendation by staff in the October 12, 1990, memo
concerning "The Wholesale Club" (90085) included substantial enhancement
of the landscape plan at the southwest corner of the structure to screen
the activities that would result from the proposed conditional use,
together with other service type activities proposed to be located on that
side of the building.
5. While the applicant has stated to staff that the tire installation
facility is integral to the activities of the typical "Wholesale Club," we
note that the facility is outside the basic "design envelope" of the
proposed structure, and therefore could be removed from the structure
totally without sacrificing the structure design.
PLANNING STAFF COMMENTS:
1. The conditional use for a tire installation center is in compliance with
and has no significant effect on, the Comprehensive Plan; will not be
detrimental to or endanger the public health safety morals or comfort;
and, demonstrates measures to provide adequate ingress, egress, and
parking so as to minimize traffic congestion in public streets.
see next page)
D
File 90085
Page Three
2. The future use, enjoyment, and property value of other property in the
immediate vicinity, specifically west of the site across Nathan Lane and
south of this site across 56th Avenue North, will be negatively impacted
by the use proposed based on the design of the site for that use presented
by the petitioner. The noise and vehicular circulation related to a tire
installation facility will be noticeable on undeveloped property zoned B -2
and R -3 to the west and southwest of the subject site. The Land Use Guide
Plan Element of the Plymouth Comprehensive Plan specifies the zoning
district in which this use is proposed to be located to be the automobile
service oriented use classification, and not the B -2 and R -3 zones located
immediately across the street from this proposed use. The automobile
service aspects of the proposed "The Wholesale Club" should either be
completely screened from the adjoining thoroughfares and differing zoning
land use classifications or reoriented on the site. Establishing the auto
service conditional use on the west side of the subject site will impede
the normal and orderly development and improvement of the surrounding
property for uses permitted in the zoning district in which they are
properly located.
3. Consideration of the Site Plan for "The Wholesale Club" has been deferred
pending receipt of amended plans from the petitioner that will address the
concerns of the Planning Commission with respect to the service
activities, including the activity associated with this Conditional Use
Permit, on the west side of the proposed structure.
The same issues that we have raised with respect to the compliance of this
Conditional Use Permit application with the standards of the Zoning
Ordinance for conditional uses have been raised with respect to the Site
Plan for "The Wholesale Club," by both staff and the Planning Commission.
Properly located on this site, the tire installation use that is proposed
by this application could meet the six Zoning Ordinance standards. It
does not meet those standards as proposed by the current Site Plan
application.
RECOMMENDATION:
As of the deadline for the preparation of this staff report, the applicant has
not presented amended plans responsive to the deferral action of the Planning
Commission regarding the Site Plan for "The Wholesale Club" on October 26,
1990. The amended Site Plan will not be available for consideration by the
Planning Commission at the November 14, 1990, meeting.
We recommend that the application for the Conditional Use Permit be deferred
following conclusion of the public hearing until such time as it can be
considered concurrent with the Site Plan for "The Wholesale Club" and the
petitioner has completed the application by responding to the Ordinance
see next page)
i
File 90085
Page Four
criteria. The location of the proposed conditional use on this site is the
key consideration that forms the basis for our recommendation with regard to
approval of the co (
T
nal use
Submitted by:
Cha s E. Di lerud. ommuni v Develooment Coordinator
ATTACHMENTS:
1. Conditional Use Permit Standards
2. Planning Commission Minutes of October 24, 1990
3. Reduced Site Plan
4. Location Map
pc /cd /90085.1:dl)
F=4 S OMCK 9, SLIODIMICN A
2. Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Commission for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a recommendation to the City Council, which
shall make the final determination as to approval or denial.
a. The Planning Commission shall review the application and consider its
conformance with the following standards:
1) Compliance with and effect upon the Comprehensive Plan.
2) The establishment, maintenance or operation of the conditional
use will pra mote and enhance the general public welfare and will
not be detrimental to or endanger the public health, safety,
morals or comfort.
3) The conditional use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
4) The establishment of the conditional use will not impede the
normal and orderly development and inprovement of surrounding
property for uses permitted in the district.
5) Adequate measures have been or will be taken to provide ingress,
egress, and parking so designed as to minimize traffic
congestion in the public streets.
6) The conditional use shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
forms:o >pl /cup.stnd /s) 10/89
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
OCTOBER 24, 1990
The Regular Meeting of the City of Plymouth Planning
Commission was called to order at 7:00 p.m.
MEMBERS PRESENT: Chairman Richard Plufka, Commissioners
Dennis Zylla, Hal Pierce, Larry Marofsky
and Michael Stulberg.
MEMBERS ABSENT: Commissioners Joy Tierney and John Wire.
STAFF PRESENT: Coordinator Charles Dillerud, City
Engineer Dan Faulkner, and Planning
Secretary Jackie Watson.
MINUTES
M0f -I 9 D Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE
Stulberg to the October 10, 1990 minutes with the
addition of a sentenc a 174 following the fifth
paragraph stating that Acting ire .he
Public Hearing.
Vote. 4 Ayes, Chairman Plufka abstained. MOTION carried.
Chairman Plufka introduced the requests of Greenwalt
Development, Inc. /M.G. Astleford Company for a Preliminary
Plat, Amended General Development Plan, and Rezoning for
Bass Lake Plaza 5th Addition "; and Site Plan, Zoning
Ordinance Variances and Final Plat to Construct "The
Wholesale Club" and plat "Bass Lake Plaza 5th Addition ";
located at the Northeast Corner of Nathan Lane and 56th
Avenue North. The two requests were listed as 5. A. and
5. B. on the agenda and were to be discussed in order but
simultaneously.
Coordinator Dillerud reviewed the October 12, 1990 Staff
Report regarding the Preliminary Plat, Amended General
Development Plan and Rezoning for Greenwalt Development,
Inc. for "Bass Lake Plaza 5th Addition
Commissioner Marofsky stated that paragraph 2 under item
1. on page 2, line 2 of the Staff Report should be R -3
rather than R -4.
CARRIED
GREENWALT DEVELOPMENT,
INC. (90084 & 90085)
Planning Commission Minutes
October 24, 1990
Page 187
Chairman Plufka introduced Mr. Greg Frank representing the
petitioner.
Mr. Frank stated that he was in agreement with the October
12, Staff Report.
Coordinator Dillerud reviewed the October 12, 1990 Staff
Report for Greenwalt Development, Inc. for "Bass Lake
Plaza 5th Addition" regarding the Site Plan, Zoning
Ordinance Variances and Final Plat to construct "The
Wholesale Club ". Coordinator Dillerud also showed some
slides of the Fridley Wholesale Club to show the
Commissioners how brick and some berming enhanced the
design of the Fridley site substantiating his
recommendation for use of these items on the Plymouth
site.
Commissioner Marofs.ky commented that he felt the pallet
storage area constituted outside storage and would require
a Conditional Use Permit.
Chairman Plufka asked how the storm water from a parking
area of this size would be handled.
City Engineer Faulkner stated that there on storm water
holding basins on the site.
Mr. Frank indicated the locations of the ponding areas on
the site and stated that the storm sewer is already in
place along 56th Avenue North.
Chairman Plufka requested that Mr. Frank discuss the
deferred parking plan for the site.
Mr. Frank stated that the deferred parking plan would
allow landscape enhancements. He indicated how the creek
water on the site would be routed through pipe if the
deferred parking was not approved. This method of routing
the creek water through pipe has been approved by the DNR
and the City of Plymouth.
Mr. Frank stated that the design of this site could be
accomplished similar to the Fridley site. He said he
agreed with Condition 10 of the Staff Report and would
redesign the south and west area with evergreen trees 15
foot on center with staff review of the Landscape Plan.
Mr. Frank compared the parking variance request with other
sites such as Cub Foods, Target and Holiday Stores who
have 6 parking spaces per 1,000 square feet of floor area.
He stated that The Wholesale Club would install additional
structure parking if it became necessary, but past
experience has shown that additional parking should not be
needed.
Planning Commission Minutes
October 24, 1990
Page 188
Mr. Frank introduced Mr. Douglas Harden, the architect for
The Wholesale Club.
Mr. Harden showed the Commissioners some pictures of other
sites which contained 35 percent brick intermixed with the
concrete finish of the building. He proposed using the 35
percent formula for the exterior of the building in
Plymouth. He also stated that the landscaping will comply
with the recommendations of the Staff Report.
Chairman Plufka asked if all the inventory is stored on
the floor display area of the building.
Mr. Harden stated that some inventory is stored away from
the display area but that the majority of inventory is in
the display area of the store.
Commissioner Pierce asked what hours the loading dock was
used to receive new inventory.
Mr. Harden stated that most deliveries are completed by
Noon each day.
Commissioner Marofsky asked why the loading area was not
placed on the east side of the building in the design of
the site.
Mr. Harden stated that the main entrance to the building
is on the east side and that it does not work from an
operational standpoint to have both the main entrance and
the loading area on the same side of the building.
Chairman Plufka opened the Public Hearings for both S.A.
and 5.6.
Chairman Plufka introduced Mr. Robert Hammar of 5465
Orleans.
Mr. Hammar asked what the proposed density of the housing
area to be located at the westerly area of the site would
be if rezoned.
Coordinator Dillerud stated that the density for R -3 would
be approximately 7 units per acre. He said this is lower
than the current density on the present General
Development Plan.
Mr. Frank stated that there are no plans for this area at
the present time. He said that until a developer is
interested in this site it will remain an outlot.
Chairman Plufka introduced Mr. Allen Ruhestein of 5505
Orleans Lane.
Planning Commission Minutes
October 24, 1990
Page 189
Mr. Ruhestein stated that he represented the Cardinal
Ridge Homeowners Association and that their concern was
the R -3 rezoning district and whether the units would be
rental units.
Chairman Plufka responded that there is no developer
currently interested in the site and that the question
would have to wait until a developer was interested in the
site. He stated that property owners within 500 feet of
the development would be notified of a Public Hearing once
an application was received.
Mr. Ruhestein asked what the hours of the Wholesale Club
would be; what the truck loading hours would be; and
whether truck traffic would use Nathan Lane and County
Road 10.
Mr. Harden stated that hours for the Wholesale Club would
be Monday, Wednesday and Fridays from Noon to 8:00 or 8:30
p.m.; Tuesdays and Thursdays from 10:00 a.m. to 8:30 p.m.'
Saturdays from 11:00 a.m. to 8:00 p.m. and Sundays from
Noon to 6:00 p.m. He stated that truck loading hours
would be from 6:00 a.m. to Noon.
Coordinator Dillerud stated that truck traffic would most
likely use Nathan Lane and County Road 10 since they are
the thoroughfare streets in the area.
Chairman Plufka closed the Public Hearing.
MOTION by Chairman Plufka, seconded by Commissioner Zylla
to recommend approval of the Preliminary Plat, Amended
General Development Plan, and Rezoning for "Bass Lake
Business Plaza 5th Addition" located at the northeast
corner of Nathan Lane and 56th Avenue North, subject to
the conditions listed in the October 12, 1990 Staff
Report.
Roll Call Vote. 5 Ayes. MOTION carried unanimously.
MOTION by Chairman Plufka, seconded by Commissioner Zylla
to recommend approval of the Final Plat and Setting
Conditions to be Met Prior to Filing for the Wholesale
Club.
Roll Call Vote. 5 Ayes. MOTION carried.
Coordinator Dillerud asked the Commissioners to correct
item 13 of the S.B. Staff Report changing the number of
offstreet parking spaces to 671.
Commissioner Marofsky stated that he would like to see the
pallet storage area moved on the site plan so that it does
not face the collector street.
MOTION TO APPROVE
VOTE - MOTION CARRIED
MOTION TO APPROVE
VOTE - MOTION CARRIED
Planning Commission Minutes
October 24, 1990
Page 190
Commission Pierce stated he agreed with Commissioner
Marofsky.
Chairman Plufka stated that he did not like the design of
the west side of the building and parking area.
MOTION by Chairman Plufka, seconded by Commissioner MOTION TO APPROVE
Marofsky to recommend approval of the Site Plan, Proof -of
Parking Plan and Zoning Ordinance Variance for Greenwalt
Development, Inc. for "Bass Lake Plaza 5th Addition"
located at the northeast corner of Nathan Land and 56th
Avenue North subject to the 14 conditions listed in the
October 12, 1990 Staff Report.
Commissioner Marofsky stated that he found it difficult to
distinguish between the regulations for parking in the
different retail zones.
MOTION to amend by Commissioner Stulberg, seconded by MOTION TO AMEND
Commissioner Pierce to recommend that the exterior of the
structure contain 35 percent brick in the design rather
than 50 percent recommended by staff.
Commissioner Marofsky stated that he would like the
petitioner to come back to the Planning Commission with a
redesign of the building.
Commissioner Stulberg stated that if the Site Plan was
recommended for deferral that the Commission be specific
as to which items they would like addressed.
Roll Call Vote. 5 Ayes. MOTION to amend carried. VOTE - MOTION CARRIED
MOTION to amend by Commissioner Marofsky to require that MOTION TO AMEND
the outside mechanical equipment area be enclosed in
brick. There was no second to the motion; the motion MOTION DIED FOR LACK OF
died. A SECOND
MOTION to amend by Commissioner Pierce, seconded by MOTION TO AMEND
Commissioner Marofsky to require that the mechanical
equipment area be enclosed with materials compatible with
the design of the building.
Mr. Harden stated that the mechanical equipment area could
not be enclosed in all brick because the compressor needs
to have access to air.
Roll Call Vote. 4 Ayes, Commissioner Stulberg, Nay. VOTE - MOTION CARRIED.
MOTION carried on a 4 -1 vote.
Commissioner Zylla stated that he did not feel hardship
was proven regarding the proof -of- parking issue.
PYanning Commission Minutes
October 24, 1990
Page 191
Commissioner Marofsky stated that he felt the petitioner
did prove the hardship issue for proof -of- parking with the
response that many trees and vegetation would be destroyed
if the full number of parking spaces were required.
MOTION by Commissioner Marofsky, seconded by Chairman
Plufka to defer the Site Plan, Proof -of Parking, and
Zoning Ordinance Variance to the next Planning Commission
meeting for redesign of the site that faces Nathan Lane.
Commissioner Pierce stated that screening the site from
Nathan Lane was a possibility.
Commissioner Marofsky stated that a loading dock area is
not a pleasing site to look at from a collector street.
Roll Call Vote. 5 Ayes. MOTION carried.
Chairman Plufka called a 5 minute recess at 8:45 p.m.
Chairman Plufka reconvened the meeting at 8:50 p.m.
Chairman Plufka introduced the request of John McKee for a
Lot Division /Lot Consolidation and Subdivision Ordinance
Variance for property located at 1345 Juneau Lane.
Chairman Plufka waived the review of the October 16, 1990
Staff Report.
Chairman Plufka introduced Mr. Sherman Goldberg
representing the petitioner.
Mr. Goldberg stated that he had no comments and w in
agreement with the October 16, 1990 Staff Report.
Chairman Plufka opened the Public Hearing. Xere was no
one present to speak on the issue. Chairma lufka closed
the Public Hearing.
MOTION by Commissioner Stulberg, se p6ded by Commissioner
Marofsky to recommend a proval the petition by John
McKee for a Lot Division/Lot Co olidation and Subdivision
Ordinance Variance for pro located at 1345 Juneau
Lane.
Roll Call Vote. 5 Aye,,! MOTION carried unanimously.
MOTION TO DEFER
VOTE - MOTION CARRIED
JOHN MCKEE (090)
MOTION TO APPROVE
VOTE - MOTION CARRIED
Chairman Plufka ntroduced the request of Amoco Oil AMOCO OIL COMPANY
Company for Amended MPUD Preliminary Plan, MPUD (90091)
Conditional a Permit and MPUD Final Site Plan for
Service St ion /Convenience Store /Car Wash located at the
southwe corner of Plymouth Boulevard and Rockford Road.
pfinator Dillerud reviewed the October 15, 1990 Staff
ort.
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Oct. 25, 1990 COMMISSION MEETING DATE: Nov. 14, 1990
FILE NO.: 90097
PETITIONER: Marshall Masko
REQUEST: Preliminary Plat, Final Plat, and Rezoning for Masko
Addition
LOCATION: North Side of the 18400 Block of County Road 6
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
The proposal is for a two -lot residential subdivision zoned R -1A (Low Density
Single Family) District. This site is currently unplatted. No previous
requests have been submitted on this property.
Petition 90081 on this agenda is a similar request for rezoning and platting
approval. These two requests are on either side of a third tract of land
which will have limited development possiblities due to the projects proposed
on each side.
Notice of the Public Hearing has been published in the official City newspaper
and mailed to all property owners within 500 feet. A development sign has
also been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The Physical Constraints Analysis shows this property to be located within
the Mooney Lake Drainage District. The site contains significant woodland
coverage and severe slopes in the northern portion of the site. The site
drops approximately 50 feet from the southern part of the lot to the lake.
The soils appear suitable for urban capability with public sewers. This
site is suitable for urban development.
2. This site is within the Department of Natural Resources (DNR) Shoreland
Management Area for Mooney Lake, which is designated for recreational
development. The proposed preliminary plat meets the minimum requirements
of the Shoreland Management Overlay District.
see next page)
File 90097
Page Two
PLANNING STAFF COMMENTS:
1. The Preliminary Plat /Final Plat meets all the Zoning Ordinance
requirements for the R -1A (Low Density Single Family) District and all
Subdivision Ordinance standards.
2. We find the rezoning of this parcel to be consistent with the Guide Plan
classification for the area.
3. Park dedication requirments associated with this plat are cash fees in
lieu of land dedication.
RECOMMENDATION:
I hereby recommend approval of the
Final Plat reque!tsysubject to the
Submitted by:
ATTACHMENTS:
sted rezoning, Preliminary Plat, and
ions.—in the — h-a#t resolutions.
rles E. Dillerud, Community Development Coordinator
1. Ordinance Amending the Zoning Ordinance
2. Resolution Setting Conditions to be Met Prior to Publication of the Zoning
Ordinance
3. Resolution Approving Preliminary Plat
4. Resolution Approving Final Plat
5. Resolution Setting Conditions to be Met Prior to Filing of the Final Plat
6. Engineer's Memorandum
7. Location Map
pc /cd /90097:dl)
0
CITY OF PLYMOUTH
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
ON THE NORTH SIDE OF THE 18400 BLOCK OF COUNTY ROAD 6 AS R -1A (LOW DENSITY
SINGLE FAMILY RESIDENTIAL) DISTRICT
Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of
Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by
changing the classification on the City of Plymouth Zoning Map from FRD
Future Restricted Development) District to R -1A (Low Density Single Family
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. 90097.
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
ty Cle
File 90097
day of .
Mayor
SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR MARSHALL MASKO (90097)
WHEREAS, the City Council has approved an Ordinance rezoning certain land
located on the north side of the 18400 block of County Road 6 from FRD (Future
Restricted Development) District to R -1A (Low Density Single Family
Residential) District in conjunction with approval of the Preliminary Plat for
the Masko Addition;
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
the Masko Addition to be filed with Hennepin County prior to the publication
of said Ordinance.
APPROVING PRELIMINARY PLAT FOR MARSHALL MASKO FOR THE MASKO ADDITION (90097)
WHEREAS, Marshall Masko has requested approval for a Preliminary Plat for the
Masko Addition, a plat for 2 lots on 3.18 acres of land located on the north
side of the 18400 block of 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 hereby does approve the request by Marshall Masko
for a Preliminary Plat for the Masko Addition for 2 lots located on the north
side of the 18400 block of County Road 6, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No building permits shall be issued until a contract has been awarded for
sewer and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of filing the Final Plat.
5. 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.
6. No building permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
7. Provisions of tree preservation policy shall be incorporated in the Final
Plat and Development Contract approval.
I
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR MARSHALL MASKO FOR THE MASKO
ADDITION (90097)
WHEREAS, Marshall Masko has requested approval for Final Plat for the Masko
Addition; and,
WHEREAS, the Planning Commission has reviewed said request and recommends
approval; 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 the Masko Addition.
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.
f
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
MARSHALL MASKO FOR THE MASKO ADDITION (90097)
WHEREAS, the City Council has approved the Final Plat and Development Contract
for the Masko Addition;
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 filing 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. A copy of the approved plat shall be submitted to the Department of
Natural Resources by the City.
7. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures in subdivisions adjacent to, or containing any open
storm water drainage facility.
8. No yard setback variances are granted or implied.
9. Submittal of required utility and drainage easements as approved by the
City Engineer prior to filing the Final Plat.
10. No building permits to be issued until the Final Plat is filed and
recorded with Hennepin County.
11. Compliance with the City tree preservation policy.
N
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: November 7, 1990
FILE NO.: 90097
PETITIONER: Mr. Marshal Masko, 18520 County Road 6, Plymouth, MN 55447
PRELIMINARY PLAT/
FINAL PLAT: MASKO ADDITION
LOCATION: North of County Road 6, east of Xanthus Lane in the southwest 1/4 of
Section 30.
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: None.
5. Other additional assessments estimated: None.
N/A Yes No
6. _ XX _ Complies with standard utility /drainage easements -
The City will require utility and drainage easements ten feet
101) in width adjoining all streets and six feet (6') in width
adjoining side and rear lot lines.
N/A Yes No
7, X All standard utility easements required for construction are
provided -
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been
reviewed with the final construction plans and the following
changes are necessary:
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 drainage plan. A ponding easement will
be required for Mooney Lake to the 100 year high water elevation
9. X All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. This is not an automatic process
in conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions
of easements proposed to be vacated.
10. XX The Owner's Duplicate Certificate of Title has been submitted to
the City with this application - If it is subsequently determined
that the subject property is abstract oronerty. then this
requirement does not aonly.
It will be necessary for the property owner to provide the city
attorney with the Owner's Duplicate Certificate of Title in order
that he may file the
11. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
X DNR _ Bassett Creek
Mn DOT Minnehaha Creek
XX Hennepin County Elm Creek
MPCA Shingle Creek
State Health Department Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
2 -
N/A Yes No
12. X 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. X Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
14. X _ _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection
of and
15. _ _ X All existing street rights -of -way are required width -
Additional right -of -way will be required on An additional 10 feet
of right-of-way will be required on County Road 6 making a total
distance from center line 50 feet.
UTILITIES:
N/A Yes No
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be
responsible for constructing the necessary sanitary sewer, water,
storm sewer and streets needed to serve this plat. A registered
professional engineer must prepare the plans and profiles of the
proposed sanitary sewer, watermain, storm sewer facilities and
streets to serve the development.
3 -
i
L
N/A Yes No
17. X Final utility plans submitted comply with a.11 City requirements -
The developer has submitted the required construction plans for
the proposed sanitary sewer, watermain and storm sewer facilities;
and has also furnished profiles of these utilities as well as the
proposed street system (public and private).
18. x _ Per developer's request final plans will be prepared by the City.
If it is their desire to have the City construct these facilities
as part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1
of the year preceding construction, if the developer is paying
100% of the cost.
19. _ X Minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
20. X The construction plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
21. X _ _ The construction plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4 -
N/A Yes No
61
A
22. _ X It will be necessary to contact Bob Fasahing, 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. A.0
water connections shall be via wet tap.
N/A Yes No
23. _ _ X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted
to the City's consulting engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan.
All of their recommendations shall be incorporated in a revised
plan. The grading and drainage plan shall also indicate proposed
methods of erosion control, including the placement of silt fence
in strategic locations. Additionally, the following revisions
will be necessary: Grading is not proposed with the preliminary
or final plat. Each Certificate of Survey submitted shall show
proposed grading and erosion control measures.
24. A. A driveway shall be shared by Lots 1 and 2, Block 1.
B. Cross easements shall be provided for the driveway.
C. The developer will be responsible for the cost and installation of the water
service from the main to the new home. A stop box shall be placed at the new
property line..
D. The dedication paragraph on the Final Plat did not include County Road 6.
This shall be added to the Final Plat mylar.
Submitted by: Oe- u
Daniel L. Faulkner, P. E.
City Engineer
5 -
I "i
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6.0 A,
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Nov. 6, 1990 COMMISSION MEETING DATE: Nov. 14, 1990
FILE NO.: 90028
PETITIONER: U.S. Homes Corporation /Thompson Land Development Division
REQUEST: RPUD Preliminary Plan /Plat and Conditional Use Permit for
the "Mitchell- Pearson" Property
LOCATION: Southeast Quadrant of the West City Limits (Brockton Lane)
and Medina Road
GUIDE PLAN CLASS: LA -1 (Low Density Single Family Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
On September 26, 1990, the Planning Commission held a public hearing to
consider the application for an RPUD Preliminary Plan /Plat and Conditional Use
Permit /Plan for this project. The public hearing was held following notice of
public hearing in the official City newspaper, and mailed to all property
owners within 500 feet. A development sign had been placed on the property at
that time.
Following the public hearing, the Plannin Commission adopted a motion to
defer consideration of the Preliminary P1an7Plat and Conditional Use Permit to
allow the petitioner to consider the comments of the Planning Commission
concerning redesign.
The September 26, 1990, deferral action by the Planning Commission was
followed by comments from Commissioners, reflected in the minutes of that
meeting, regarding elements of the plan that should be reviewed by the
applicant prior to reconsideration of the plan by the Planning Commission, as
follows:
a. Consider concept of replacing trees lost to development with trees of
a reasonable size along the boulevard.
b. Adjustment to the trail corridor so that the larger lots (in width)
are adjacent to the trail easements.
c. Consider increase in the width of the lots.
d. Consider saving 30 -50 percent of the trees within the construction
zone.
see next page)
File 90028
Page Two
e. Shifting of some lots, without changing lot sizes, to save more of the
trees.
f. Modification of lot sizes to provide for the preservation of more
trees on the site.
PRIMARY ISSUES AND ANALYSIS:
1. The applicant has submitted a revised Preliminary Plat which responds to
the comments of the Planning Commission as follows:
a. Tree replacement is not proposed.
b. The lot widths have not been altered adjacent to trail corridors, but
the trail corridors have been widened to a minimum of 20 feet.
c. Although there are adjustments to lot configuration, lot widths are
generally the same as on the previous proposal. No specific program
to increase lot width is evident on the revised plan.
d. The revised plan proposes saving 59 percent of the existing trees on
site, exclusive of the trees within Pond BC -P1.
e. Some lots have been shifted to save trees.
f. Some lots have been modified in size and proposed structure setback to
preserve trees.
2. The applicant has submitted a revised Preliminary Plan and Plat for the
site containing the same number of lots (256) but including the following
modifications from the previously submitted plan:
a. The southwest extension of "Alvarado Circle North" has been relocated
59 feet westerly.
b. Outlot A has been reduced in size from 3.5 acres to 3.3 acres.
c. All trail corridors have been increased in width from a previous
minimum of 10 feet to a proposed minimum of 20 feet.
d. The cul -de -sacs both named 99th Avenue North" have been lengthened
slightly.
e. The cul -de -sac named 98th Avenue North" has been altered somewhat to
create a "hammerhead" design.
f. Lot lines have been adjusted along the north side of proposed 37th
Avenue North and in the area of proposed "Alvarado Circle North" in
the southwest corner of the proposed plat.
see next page)
File 90028
Page Three
3. The applicant now proposes an amended schedule for setbacks as follows:
a. Front setback of 35 feet versus the previously proposed 30 feet to
garages and 35 feet to living areas. The applicant does propose 25-
foot front setbacks for three lots on the westerly 39th Avenue North
cul -de -sac; six lots fronting on, and east of Urbandale Court; and
seven lots fronting on, and north of 37th Avenue North. In addition,
the petitioner proposes final determination of setbacks for the lots
on proposed "Alvarado Circle North" at the time of final platting. In
all cases where a 25 -foot front yard setback is proposed, the
applicant states tree preservation goals as a basis for that reduced
setback. The grading plan shows house pad location with these
setbacks, including "Alvarado Circle North."
b. Side yard setback of 10 feet on both sides of the homes versus the
previous proposal for 6 -foot setback on the garage side of the homes
in certain circumstances.
c. A rear yard setback of 25 feet versus the previous proposal for a rear
yard setback of 20 feet.
4. The grading plan for the proposed subdivision has been modified to both
minimize the extent of cutting or filling required in some areas compared
to the existing topography; and to limit grading in some areas to a narrow
corridor sufficient to construct public streets and utilities only. The
result of the adjustments to the plat; changes to the grading plan
elevations; and, other measures that limit the extent of mass grading from
the plat result in an increase in the percentage of existing trees
retained after mass grading (other than those located in the drainage
area) from the previous 30 percent to a now proposed 59 percent. The
number of trees that will be saved during the mass grading phase of this
plat will nearly double over the previously proposed plan.
PLANNING STAFF COMMENTS:
1. The combination of plat design and grading adjustments has resulted in a
plan for tree preservation during mass grading, we find more in keeping
with the Planned Unit Development attributes as well as the Natural
Resource Preservation design criteria found in the Subdivision Ordinance.
2. Even with the requested front setback flexibility, the construction limits
for house construction will result in the loss of additional trees beyond
the mass grading. Where front setback flexibility is requested, we find
that such flexibility could and should result in saving of additional
trees over utilization of the full 35 -foot setback that would otherwise be
required, except on the east side of Urbandale Court, where few trees are
impacted.
3. We find the proposals to modify other setbacks (side and rear) resulting
in compliance with Zoning Ordinance standard to be appropriate.
see next page)
File 90028
Page Four
4. The increase proposed for private trail corridor width from as little as
10 feet to a minimum of 20 feet is consistent with our earlier
recommendation, and on appropriate design modification.
RECOMMENDATION:
Based on the modifications made by the applicant in his proposed Preliminary
Plan /Plat and Conditional Use Permit we now find those applications consistent
with the standards of the Planned Unit Development Ordinance, and the
Subdivision Ordinance and we recommend approval cg=lstent with the standards
conditions for PUMf7iminary Paps- ts and ondit onal Use Permits.
Submitted by: 1-- &YA= N 14 -WOnu
Charles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Ordinance Rezoning from FRD to R -1A
2. Resolution Setting Conditions to be Met Prior to Publication of Rezoning
Ordinance
3. Resolution Approving RPUD Preliminary Plan /Plat and Conditional Use Permit
4. Planning Commission Minutes of September 26, 1990
5. Engineer's Memorandum
6. Staff Report of September 19, 1990, With Attachments
7. Location Map
8. Preliminary Plat of August 20, 1990
9. Large Plans
pc /cd /90028.1:dl)
CITY OF PLYMOUTH
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
AT THE SOUTHEAST QUADRANT OF THE WEST CITY LIMITS (BROCKTON LANE) AND MEDINA
ROAD AS R -1A (LOW DENSITY SINGLE FAMILY RESIDENTIAL) DISTRICT
Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of
Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by
changing the classification on the City of Plymouth Zoning Map from FRD
Future Restricted Development) District to R -1A (Low Density Single Family
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. 90028.
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 day of .
Mayor
ATTEST
City Clerk
File 90028
SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR U.S. HOMES CORPORATION /THOMPSON LAND DEVELOPMENT DIVISION (90028)
WHEREAS, the City Council has approved an Ordinance rezoning certain land
located at the southeast quadrant of the west City limits (Brockton Lane) and
Medina Road from FRD (Future Restricted Development) District to R -1A (Low
Density Single Family Residential) District in conjunction with approval of
the Preliminary Plat for the "Mitchell- Pearson" property;
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
the "Mitchell- Pearson" property to be filed with Hennepin County prior to the
publication of said Ordinance.
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT AND
CONDITIONAL USE PERMIT FOR U.S. HOMES CORPORATION THOMPSON LAND DEVELOPMENT
DIVISION FOR THE "MITCHELL- PEARSON" PROPERTY (90028
WHEREAS, U.S. Homes Corporation /Thompson Land Development Division has
requested approval for a Residential Planned Unit Development Preliminary
Plan /Plat and Conditional Use Permit for the creation of 256 single family
lots and 13 outlots on 116 acres for the "Mitchell- Pearson" property located
at the southeast quadrant of the west City limits (Brockton Lane) and Medina
Road; 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
U.S. Homes Corporation /Thompson Land Development Division for a Residential
Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for
the "Mitchell- Pearson" property located at the southeast quadrant of the west
City limits (Brockton Lane) and Medina Road, subject to the following
conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No building permits shall be issued until a contract has been awarded for
sewer and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of filing the Final Plat with
Hennepin County with credit for dedication of and trail construction in
Outlot I.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures in subdivisions adjacent to, or containing any open
storm water drainage facility.
7. Rezoning shall be finalized with the filing of the Final Plat.
8. No building permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
9. Maximum allowed density shall be 2.5 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. Five density points
are assigned. The maximum number of dwelling units allowed is 256.
see next page)
Resolution No.
File 90028
Page Two
10. No private drive access shall be permitted to Medina Road; all private
drives shall be directed to internal public streets.
11. The minimum side yard setbacks for all detached dwellings and accessory
buildings shall be 10 feet; the minimum rear yard setback shall be 25
feet; and the minimum front yard setback shall be 35 feet, except on lots
specified by the City Council in the Final Plan and Development Contract,
where it has been demonstrated that preservation of natural site features
requires a reduced front setback.
12. The design of proposed private open space areas and Medina Road landscape
screening shall be specified with the Final Plat. The approved
improvements shall be installed prior to issuance of building permits for
homes on the adjacent lots.
13. Compliance with the terms of City Council Resolution 89 -439 regarding tree
preservation.
14. Rezoning of the site from FRD to R -1A shall not be executed until
contracts have been awarded to provide public water and sewer to the site.
Planning Commission Minutes
September 26, 1990
Page 161
mmissioner Marofsky asked if the signs would be used for
to nt use identification.
Mr. WoXhington responded negatively.
Commission Pierce asked what material the signs will be
made of.
Mr. Worthington sponded that they will be of stone base
with brick veneer d metal lettering. He added that the
signs will be of a e lit design with landscaping around
each of them.
Commissioner Pierce asked IS the proposed signs will match
those of the Schneider bufld"I'
Mr. Worthington responded that they will be close in
appearance.
Chairman Plufka opened the Public Hea 'ng. There was no
one present to speak on the issue.
Chairman Plufka closed the Public Hearing.
MOTION by Commissioner Marofsky, seconded by Co issioner MOTION TO APPROVE
Stulberg, to recommend approval of the request \
anCorporationforanamendedPlannedUnitDevelopme
and Conditional Use Permit for a Master Sign Plan
Creek Business Park located at the northwest coHighway169andCountyRoad10, subject to the consetforthbystaffintheirSeptember7, 1990
report.
MOTION by Commissioner Marofsky, seconded by Commissioner MO N TO AMEND
Wire, to amend the main motion by adding a condition
stating that sign use shall be limited to the developer,
and no tenant use shall be permitted.
Roll Call Vote on motion to amend. 7 Ayes. MOTION VOTE - MOTIO TO AMEND
carried. CARRIED
Roll Call Vote on main motion. 7 Ayes. MOTION carried. VOTE - MAIN MOTION
CARRIED
Chairman Plufka introduced the request by U.S. Homes U.S. HOMES CORPORATION/
Corporation /Thompson Land Development Division for a THOMPSON LAND DEVELOP -
Residential Planned Unit Development Preliminary Plan /Plat MENT DIVISION (90028)
and Conditional Use Permit for the "Mitchell- Pearson"
property located at the southwest corner of Medina Road
and County Road 101.
Coordinator Dillerud gave an overview of the September 19,
1990, staff report.
Planning Commission Minutes
September 26, 1990
Page 162
Commissioner Zylla asked what the proposed lot sizes are
for this request.
Coordinator Dillerud responded that the minimum lot size
is approximately 10,000 square feet and the average lot
size is approximately 12,000 square feet.
Commissioner Zylla asked if dedication would be required
for Pond BC -P1 if this were a conventional plat.
Coordinator Dillerud responded that the BC -P1 Ponding area
would be included in lots subject to a ponding and
drainage easement.
Chairman Plufka introduced Bill Pritchard, representing
the petitioner.
Mr. Pritchard stated that some of the primary design
criteria of the site are the free - flowing roadways,
extensive trail systems, and numerous passive open spaces
which all give continuity to the neighborhood.
Mr. Pritchard stated that the reduced front setback they
are proposing would still allow for stacking of two cars
and provide a larger rear yard. He added that the reduced
width they are proposing for the trail corridor would
provide additional buffering for the homeowners and give
the homeowners the responsibility of maintaining their
properties up to the trail, which will reduce maintenance
costs for the Homeowner Association.
Commissioner Marofsky pointed out that because only 1 foot
would remain on each side of the trail, the Homeowner
Association would need to encroach on the homeowners'
properties in order to regularly maintain the trail
corridor as proposed. He also pointed out that one
resident may not maintain their property as well as the
other.
Mr. Pritchard stated that the Homeowner Association could
provide an easement for the maintenance of the trail
corridor.
Commissioner Marofsky stated the Homeowner Association
could also add a condition in their documents stating that
the homeowner is responsible for the maintenance of their
property including the trail corridor.
Mr. Pritchard stated that he feels a 6 -foot side setback
for homes with three -car garages would be adequate because
the third stall would be considered the setback separation
between the homes.
Planning Commission Minutes
September 26, 1990
Page 163
Mr. Pritchard stated that they are saving close to 50
percent of the trees. He added that most of the trees
they are cutting down are Box Elder or Elm trees, and they
are all located within the construction zone, which is
allowable under City Policy.
Chairman Plufka introduced Greg Frank, representing the
petitioner.
Mr. Frank stated that many trees will be preserved within
the construction zone, but there is always a potential of
root damage during construction. He added that they have
redesigned the trail corridor to help save a majority of
the trees.
Commissioner Pierce asked if the building pads will need
to be improved with the initial grading of the site.
Mr. Frank responded that it is possible to wait until the
Final Plat.
Chairman Plufka stated he would like to see the
petitioners guarantee a percentage factor of the number of
trees they will save within the construction zones.
Commissioner Wire stated that a possible solution to the
problem would be for the petitioner to replace a tree for
every one they destroy.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Ken Kirchgessner of 3525
Urbandale Lane.
Mr. Kirchgessner stated that he is a resident of Amber
Woods, and he is concerned about dredging of the wetland
area. He stated he currently has water problems, and he
would like to be assured there will be adequate holding.
City Engineer Faulkner assured Mr. Kirchgessner that there
will be no dredging and that the City has a Public
Improvement Project to construct an outlet in that area.
Chairman Plufka closed the Public Hearing.
Commissioner Zylla asked what type of street Medina Road
will become.
City Engineer Faulkner responded that it will be a major
collector street.
Commissioner Marofsky asked whether the Development Plan
or the Grading Plan was more accurate.
Planning Commission Minutes
September 26, 1990
Page 164
Mr. Frank responded that the Grading Plan is more
accurate.
MOTION by Commissioner Stulberg, seconded by Chairman MOTION TO APPROVE
Plufka, to recommend approval of the request by U.S. Homes
Corporation /Thompson Land Development Division for a
Residential Planned Unit Development Preliminary Plan /Plat
and Conditional Use Permit for the "Mitchell- Pearson"
property located at the southwest corner of Medina Road
and County Road 101, subject to the conditions set forth
by staff in their September 19, 1990, staff report.
Commissioner Marofsky stated he believes the petitioner
should move the housing pads to preserve natural site
features.
MOTION by Commissioner Marofsky, seconded by Commissioner SUBSTITUTE MOTION TO
Wire, for a substitute motion deferring the request by DEFER
U.S. Homes Corporation /Thompson Land Development Division
for a Residential Planned Unit Development Preliminary
Plan /Plat and Conditional Use Permit for the "Mitchell -
Pearson" property located at the southwest corner of
Medina Road and County Road 101.
Roll Call Vote on the substitute motion to defer. 5 Ayes. VOTE - SUBSTITUTE
Commissioner Stulberg and Chairman Plufka Nay. SUBSTITUTE MOTION TO DEFER CARRIED
MOTION carried.
Roll Call Vote on motion to defer. 5 Ayes. Commissioner VOTE - MOTION TO DEFER
Stulberg and Chairman Plufka Nay. MOTION carried. CARRIED
Commissioner Wire suggested the petitioner replace trees
of reasonable size along the boulevard for every tree
destroyed. He also suggested they adjust the trail
corridor so the larger lots contain the easements.
Commissioner Pierce suggested the petitioner present a new
trail location plan to the Planning Commission before they
go before City Council. He also expressed concern that
the lots were too narrow.
Commissioner Zylla stated he believes the lot dimensions
are too great a deviation from R -1A standards. He stated
he does not believe there is a need for more public or
private open space, but they have to uphold the LA -1
guiding standard.
Chairman Plufka stated he is in support of the proposed
plan, but he would have added a condition requesting the
petitioners guarantee they will save 30 -50 percent of the
trees within the construction zone. He also stated that
lot size should not have been an issue because that was
discussed in the Concept Plan.
Planning Commission Minutes
September 26, 1990
Page 165
Commissioner Stulberg stated he is in support of the
proposed plan.
Commissioner Marofsky stated he believes the petitioner
can shift some lots without changing lot sizes to save
more trees. He suggested the petitioner guarantee they
will plant a certain percentage of new trees for the ones
they destroy within the construction zone.
Commissioner Tierney stated she believes the petitioner
should alter lot sizes to provide for the preservation of
more trees.
Coordinator Dillerud stated that trees can be preserved on
a lot -by -lot basis if the mass grading plan is minimized.
Chairman Plufka introduced the request by St. Philip the ST PHILIP THE DEACON
Deacon Lutheran Church for a Site Plan, Conditional Use LUTHERAN CHURCH (9008
Permit, and Zoning Ordinance variances for an addition to
the church structure and a parking ramp located at 17205
County Road 6.
Chairman Plufka announced that be will be abstaining from
voting because he is a member of St. Philip the Deacon
Lutheran Church.
Coordinator Dillerud gave an overview of the September 21,
1990, staff report.
Commissioner Marofsky asked if the educational servic
might facilitate more parking needs than the standard 1
space for 4 seats.
Coordinator Dillerud responded that the Zonin rdinance
includes accessory educational use in the ex' ting "Place
of Worship."
Commissioner Zylla asked if the varia would be the same
if the residential guiding was othe han LA -1.
Coordinator Dillerud responded offirmatively.
Chairman Plufka introduce Casey Rosen, representing the
petitioner.
Mr.
RosX40
s Chairman of the Building Committee
for St. eacon Lutheran Church. He stated that
the chung at a rate of 100 additional members
per yeathe primary reason for their request.
Mr. Rosthat the church plays a vital role in
the nei d community.
Chy man Plufka introduced Dan Gallagher, representing the
titioner.
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: September 20, 1990 REVISED November 8, 1990
FILE NO.: 90028
PETITIONER: Mr. William Pritchard, U.S. Homes Corporation, 300 South Highway
169, Suite 870, St. Louis Park, MN 55426
PRELIMINARY PLAT: MITCHELL PEARSON PROPERTY
LOCATION: South of Medina, east of the City of Medina, in the southwest 1/4
of Section 18.
N/A Yes No
1. _ _ X Watermain area assessments have been levied based on proposed use.
2. 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 256 units x
9790 per unit = $202,240. Sanitary sewer area assessments based on
256 units x $440 per unit = $17,778.54.
5. Other additional assessments estimated:
Medina Road Project 010 - Street - $184,100. Watermain - $285,875,
Pond BC -P1 Project 016 - S17,778,54,
N/A Yes No
6. _ _ X Complies with standard utility /drainage easements -
The City will require utility and drainage easements ten feet (10')
in width adjoining all streets and six feet (6') in width adjoining
side and rear lot lines.
N/A Yes No
7. X All standard utility easements required for construction are provided
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the. lot lines where these
utilities are proposed to be installed. This item has been reviewed
with the final plat and final construction plans.
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 drainage plan.
Drama a easement for pondine shall be provided to the 100 -ear
elevation of 1001.9 for Pond BC -P1 and to the 100 year high water
elevation for the followinponds within: Outlot A - 1001.0; Outlot
C North Pond - 1002.0, South Pond - 1001.5- Outlot F - 1003.0. For
the Pond in the follow=-- blocks* Block 16 - 1000.0. Block 25
1003.0. Block 23 - 1003.0.
9. X All existing unnecessary easements and rights -of -way have been
vacated
It will be necessary to vacate the obsolete easements /right -of -way to
facilitate the development. This is not an automatic process in
conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions of
easements proposed to be vacated.
10. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application - If it is subsequently determined that
the subject property is abstract property, then this requirement does
not apply.
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that -he may file the required easements referred to above.
11. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
X DNR
MnDOT
Hennepin County
X MPCA
X State Health Department
X Bassett Creek
X Minnehaha Creek
X Elm Creek
Shingle Creek
X Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
2 -
TRANSPORTATION:
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. The building Department will review the street names when
a 200 scale drawing is submitted for review.
13. _ X Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
14. X _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
15. X All existing street rights -of -way are required width -
Additional right -of -way will be required on
N/A Yes No
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be responsible
for constructing the necessary sanitary sewer, water, storm sewer and
streets needed to serve this plat. A registered professional
engineer must prepare the plans and profiles of the proposed sanitary
sewer, watermain, storm sewer facilities and streets to serve the
development. See Special conditions.
3 -
N/A Yes No
17. _ _ X Preliminary utility plans submitted comply with all City requirements
The developer has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm, sewer facilities. See
snec. &I conditions.
18. X Per developer's request a preliminary report and plan will be
prepared by the City -
If it is their desire to have the City construct these facilities as
part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1,
of the year preceding construction.
The developer shall submit a petition for the construction of Medina
Road Project No 010 and Pond BC -P1 Project No 016 and sanitary
Sewer Trunk Project 014.
19. _ _ Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
The minimum basement elevations will be noted in the Final Plat Memo
when the final erading is received.
N/A Yes No
20. — X The preliminary plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
21. _ X The preliminary plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4 -
PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL:
N/A Yes No
22. _ X It will be necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making. any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right -of -way. All water connections shall be via
wet tan.
23. _ _ X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted to
the City's Consulting Engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan. All
of their recommendations shall be incorporated in a revised plan.
The grading and drainage plan shall also indicate proposed methods of
erosion control, including the placement of silt fence in strategic
locations. Additionally, the following revisions will be necessary:
Shall comply with all agency Dermits.
24. A. The sanitary sewer on and around Elvarado Avenue is only 5 feet deep. The
engineer must verify that the lots can be served with the shallow sewer.
B. An 8 inch watermain shall be extended on Zircon Avenue from the proposed
Lundgren Development to 37th Avenue.
C. On Sheet 6 the outlot pipe from the pond in Outlot F has arrows in the wrong
direction.
D. On the final grading plan a detail shall be furnished showing the outflow to
Medina from the pond within Outlot A.
E. The 12 inch watermain in the southeast corner of the site shall be extended to
the existing lift station south of the proposed plat. The developer will be
reimbursed for the difference between an 8 inch and 12 inch watermain within
the plat, and .100% of the cost for the 12 inch watermain from the south plat
line to the lift station.
F. All storm water drainage from the plat shall not exceed in quantity or rate of
discharge that which now exists from this proposed plat as undeveloped.
G. All access shall be from internal streets, no access shall be provided to
Medina Road for the individual lots.
H. The street width on Zircon Avenue, Yellowstone Avenue and 38th Avenue and
Urbandale Avenue North shall be 36 feet wide back to back of curb 7 ton design
and shall be noted on Sheet 6 Preliminary Grading and Drainage Plan.
I. A Final Plat shall not be considered until a contract has been awarded for
Medina Road Project No. 010, Sanitary Sewer Project No. 014, and Pond BC -P1
Project No. 016.
mic
J. Cross sections shall be provided with the Final Grading Plan for all proposed
swales.
K. Compensatory storage shall be provided for Pond BC -P1 to replace areas proposed
to be filled adjacent to Lots 8 through 27, Block 21.
c p^
Submitted by:
Daniel L. Faulkner, P.E.
City Engineer
W_
lz:w 6 A 4b
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Sept. 19, 1990 COMMISSION MEETING DATE: Sept. 26, 1990
FILE NO.: 90028
PETITIONER: U.S. Homes Corporation /Thompson Land Development Division
REQUEST: RPUD Preliminary Plan /Plat and Conditional Use Permit for
the "Mitchell- Pearson" Property
LOCATION: Southeast Quadrant of the West City Limits (Brockton Lane)
and Medina Road
GUIDE PLAN CLASS: LA -1 (Low Density Single Family Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
On June 4, 1990, the City Council, by Resolution 90 -335, approved an RPUD
Concept Plan for this 116 -acre site for development into 256 single family
detached lots. The Concept Plan approval was subject to 11 conditions.
The 1990 -1994 Capital Improvements Program includes public water and sewer
trunk line extensions that will include this site within the public and water
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.
An Environmental Assessment Worksheet has been prepared by the City of
Plymouth as the Responsible Governmental Unit since the project, at 256 single
family units, exceeds the threshold established in the rules of the
Environmental Quality Board with respect to a mandatory Environmental
Assessment Worksheet: On August 22, 1990, the 30 -day mandatory review period
for the Environmental Assessment Worksheet was completed, and the City Council
will consider a recommendation by staff that no Environmental Impact Statement
be prepared at its meeting September 10, 1990.
Proposed is an RPUD Pri
256 -lot subdivision for
acres.
Notice of this Public
newspaper and mailed to
sign has been placed on
liminary Plan /Plat and Conditional Use Permit for a
single family detached housing units on a site of 116
Hearing has been published in the official City
all property owners within 500 feet. A development
the property.
see next page)
File 90028
Page Two
PRIMARY ISSUES AND ANALYSIS:
A. Section 9, Subdivision B, paragraph 5j of the Plymouth Zoning Ordinance
provides that the Planning Commission shall forward to the City Council
its recommendations concerning a PUD Preliminary Plan based on and
including, but not limited to:
1. Compatibility with the stated purposes and intent of the Planned Unit
Development.
The purpose and intent of the Planned Unit Development Ordinance are
found in paragraph 1 of Subdivision B, Section 9. The five expected
attributes of a Planned Unit Development found in this section are the
standards upon which PUD Proposals are measured to determine
consistency with the purpose and intent of the PUD Ordinance.
No specific benefits from new technology and building design,
construction and land development are emphasized by the applicant.
The applicant has retained the services of trained and experienced
professional to assist in the design of this Planned Unit Development.
Through the use of cul -de -sac streets and reduced lot size /frontage,
the developer may realize a lesser cost in producing single family
detached housing than would be realized through use of conventional
subdivision platting. It is difficult to determine whether the lower
cost to the developer will result in lower cost to consumers.
The developer proposes providing 12 acres of private common open space
net of the storm water drainage area of Pond BC -P1. This amounts to
approximately 11 percent of the overall acreage of the site.
The developer has, by his "Natural Features /Site Analysis" of May 7,
1990, identified approximately 500 existing trees of 8 inch diameter
or greater for hardwoods and 12 inch or greater diameter for softwood
all deciduous -no coniferous trees found). Of that number,
approximately 125 are located within the storm water drainage area for
Pond BC -P1, and therefore those trees will not be lost to the
development grading activities whether approved as a conventional plat
or a PUD.
Of the remaining 375 trees found on -site, the developer proposes a
grading plan that will result in retaining approximately 100 of the
375 significant trees above the 100 -Year Elevation of Pond BC -P1.
Over 70 percent of the trees that exist outside of the storm water
holding area would be lost upon the execution of the grading plan that
is now proposed for this PUD.
see next page)
File 90028
Page Three
2. Relationship of the proposed plan to the neighborhood in which it is
proposed to be located, to the City's Comprehensive Plan, and to other
provisions of the Zoning Ordinance.
The site is bounded on the east by the Greenwood Elementary School; on
the south by existing single family detached Amber Woods development
and the recently approved "Leuer Property" single family detached
Planned Unit Development; on the west by the City limits and
undeveloped land in the City of Medina; and on the north (across
Medina Road) an existing greenhouse development in the FRD District
Len Busch Roses) and vacant agricultural land. The land north of
this site is outside the Metropolitan Urban Service Area, and
therefore not eligible for urban development in the foreseeable
future. The Len Busch Roses operation and greenhouse construction are
responsive to agricultural definitions of the FRD District.
The proposed Preliminary Plan /Plat and Conditional Use Permit is
responsive to the various elements of the Comprehensive Plan,
including transportation, utilities, parks, and land use - -with respect
to the proposed dwelling unit density and intrastructure design.
The PUD Plan proposes building setbacks that differ from Zoning
Ordinance standards as follows:
a. Minimum front setback of 30 feet versus the Ordinance standard of
35 feet.
b. Minimum side yard setback of 10 feet (to living portions of
structures); and 6 feet (for garage portions of structures where
3 -car garages are proposed) versus the Zoning Ordinance standard
of 15 feet.
c. Minimum rear yard setback of 20 feet versus the Ordinance standard
of 25 feet.
d. Minimum lot area
standard'of 18,500
lots) that meet or
size; 40 percent
and, approximately
or less.
of 10,000
square fe,
exceed the
3f the lots
20 percent
square feet
at. The plat
18,500 square
to be 12,000
of the lots
versus the Ordinance
proposes 3 percent (8
foot R -1A minimum lot
square feet or less;
are 11,000 square feet
e. Proposed minimum lot width at the front setback is 75 feet versus
the Ordinance standard of 110 feet.
The internal organization, circulation, recreation areas and open
spaces are proposed consistent with the approved Concept Plan,
including modifications to the Trail System recommended by the
Planning Commission and approved by the City Council.
see next page)
File 90028
Page Four
B. The resolution approving the RPUD Concept Plan specified a number of
design - related conditions as well as the standard Concept Plan findings
and conditions with respect to project density. Specific conditions of
that resolution that have been complied with by this RPUD Preliminary
Plan /Plat and Conditional Use Permit are as follows:
1. Draft restrictive covenants for the private open areas have been
submitted.
2. The Environmental Review Process has been completed.
3. The Preliminary Plan /Plat includes trail linkages modified with
respect to location consistent with a condition found in the Concept
Plan approval resolution.
4. The plan shows more than 10 percent open space (common) above the 100 -
Year Storm Water Elevation and net of required open space, rights -of-
way, rear yards, and ponding areas.
C. Section 500 of the City Code specifies the standards and process for the
review of Preliminary Plats, including Planned Unit Development
Preliminary Plats. Section 500.15, Subdivision 5 provides that all
developers are required to retain and maintain the features of the natural
environment as much as possible by such measures as preservation of
desirable trees, shrubs, land forms, wetlands, and ponding areas.
The Code provides that the Planning Commission shall pay particular
attention to the proposed measures to preserve or mitigate the impacts
upon natural features, and the degree to which a maximum reasonable effort
has been demonstrated to preserve and conserve the natural features, and
the degree to which minimum adverse impact upon the natural environment
will be realized as a result of the proposed development. The discussion
above with respect to the developer's plans concerning preservation of
existing trees on site is equally applicable within this context of the
Subdivision Code requirement for conservation and preservation of natural
environment.
3. Portions of the site are located in the Bassetts Creek, Minnehaha Creek,
and Elm Creek Watershed Districts, and a portion of Pond BC -P1 of the
Plymouth Storm Water Drainage Plan is located in the southeast corner of
the site. This site is not located in a Shoreland Management area or in
federally designated flood plain, but does have wetlands subject to
federal regulation located in the same area as the storm water holding
pond. The site has been surveyed by Minnesota DNR, and they have found,
in a letter of January 29, 1990, that no State regulated or protected
wetlands are found on the site.
see next page)
File 90028
Page Five
4. The site has a limited woodland area, concentrated in the southeast corner
related to the wetland), and in the southwest corner. No grades in
excess of 12 percent are naturally occurring on the site. Except with
respect to the storm water drainage area in the southeast corner, the site
is generally suitable for urban development with public sewers. The
proposed Preliminary Plan /Plat recognizes the existence of the physical
constraints noted, and the design incorporates and accommodates those
physical constraints.
PLANNING STAFF COMMENTS:
1. The Preliminary Plan /Plat and Conditional Use Permit proposed is
responsive to the approved Concept Plan, including those conditions that
affect design contained in City Council Resolution 90 -335 approving that
Concept Plan.
2. Both the Planned Unit Development attribute
enhancement of natural features, and the
specifying a need for conservation of natural
developer's tree preservation plan. With the
available to us at the Preliminary Plan /Plat
Plan stage, with respect to the relationship
existing tree stands, we find that nearly
significant trees on the site, not located
Pond BC -P1, will be "lost" in the execution
preliminary plat that is proposed.
regarding preservation and
Subdivision Code section
site features relate to the
substantially greater detail
stage versus at the Concept
of the project design to the
75 percent of the existing
within the drainage area for
of the grading plan for the
The developer has not significantly altered the grading plan for the site
responsive to the details of the tree inventory that were developed during
this stage of review.
We note that the Preliminary Plat
become common area for the benefit
F) is located in an area that will
existing tree resources on the
substitute common areas and /or
significant additional preservation
provides for four outlots that will
of the development. Only one (Outlot
result in preservation of any of the
site. By providing additional or
adjusting the location of roadways,
of trees could be accomplished.
Significant tree inventory exists in the areas of Lots 1 and 2, Block 10;
Lot 7, Block 21; Lots 1 and 2, Block 11; Lots 8 -12, Block 22; Lots 11 and
12, Block 16; Lots 1, 4 and 5, Block 8; and, Lots 2 -4, Block 9. Were some
or all of these lots designated as additional common open space outlots or
provided as substitute for outlots that are proposed where no tree
preservation will result, a significantly larger percentage of the
existing trees could be preserved.
We recognize that 100 percent of existing tree inventory can rarely be
retained with a development plan. However, this is a proposed Planned
see next page)
File 90028
Page Six
Unit Development where extra efforts with respect to, preservation of
natural resources are expected as PUD attributes as well as for any
subdivision (PUD or conventional) responsive to Section 500 of the City
Code. The developer expects significant flexibility in the design to
realize the desired density.
The potential conflict between the existing tree inventory and the
proposed grading plan was brought to the attention of the developer during
the Development Review Committee (DRC) review of these plans. Responsive
to that concern, the developer prepared a "blowup" of the three areas of
the plat with the greatest number of trees to be impacted, showing the
exact tree locations with respect to the grading plan and lotting details.
Even though the grading plan still showed the 75 percent tree loss noted
above, no additional design modifications have been suggested by the
developer to reduce. this loss. We believe such modifications are
warranted for a Planned Unit Development where substantial design
flexibility is requested.
3. The standard that has been established by the Council with respect to the
side yard flexibility in single family detached projects has been a
minimum of 10 feet on both sides of the primary structure including the
attached garage. There have been several previous requests to allow less
than 10 feet on the garage side, none of which have been approved. We
find 10 feet is appropriate here and is possible.
4. Proposals to reduce front setback
to a lesser amount have recently
single family detached proposals.
feet have not been approved on
developer has been encouraged to
setback will result in the pres,
case -by -case basis. We find that
case of this PUD Plan as well.
from the Ordinance standard of 35 feet
been made with a number of other RPUD
Reduction to a setback of less than 35
a blanket basis. In each case, the
demonstrate how the reduction of front
arvation of natural site features on a
this approach will be appropriate in the
5. Rear yard setback should remain at the 25 -foot Zoning Ordinance standard.
It is a minimum. The proposed 20 feet is slightly more than a parking
stall.
6. In several locations throughout the plat, the developer has proposed 10-
foot wide private common open space corridors between single family lots
on which an 8 -foot wide private trail is proposed for construction. The
developer has also proposed a landscape treatment for the entrance to
these corridors.
A 10 -foot trail corridor, whether private or public, is of insufficient
width to provide the required separation between the users of the trail
and the private interests of the adjoining property owners. City public
see next page)
File 90028
Page Seven
trail corridors and most corridors in other private open.space are 20 feet
in width and often as much as 30 feet in width to insulate the trail user
from the private property owner by as much distance as possible.
7. Planning Commission consideration of the Concept Plan addressed the
assignment of a density bonus point for 10 percent open space. The
Preliminar Plan does provide in excess of 10 percent open space (private
and public exclusive of required street right -of -way, required public
park and trail dedication, required storm drainage areas, and required
rear yards, as specified for such density credit by the Zoning Ordinance.
RECOMMENDATION:
Our finding with regard to the inconsistency of proposed Preliminary Plan /Plat
with the preservation of natural resources PUD attribute and the Subdivision
Ordinance preservation requirement does not readily lend itself to specific
directions for redesign that could be provided as conditions of approval.
We recommend that the Preliminary Plat be tabled, and the developer be advised
to reconsider the plan design in those areas where significant existing stands
of trees are present, with the design goal of preserving a larger percentage
of those trees through the introduction or relocation of common open space
outlots; rerouting of streets; or /and reconsideration of the grading plan
details. The developer could also then demonstrate on lots where less than 35
foot front yards are sought, how preservation efforts would be realized.
We have included draft resolutions for approval and denial with findings or
conditions that either standard or appear appropriate to assist the Planning
Commission should it cide redesign is not appropriate. We recommend denial
of the applications Tf rtabling fV-- edeyrg is not ee appropriate.
Submitted by:
arm E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Resolution Denying RPUD Preliminary Plan /Plat and Conditional Use Permit
2. Resolution Approving RPUD Preliminary Plan /Plat and Conditional Use Permit
3. Engineer's Memorandum
4. Location Map
5. Resolution 90 -335
6. City Council Minutes of June 4, 1990
7. Planning Commission Minutes of May 23, 1990
8. Large Plans and Petitioner's Narrative Submission
pc /cd /90028:dl)
DENYING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT AND
CONDITIONAL USE PERMIT FOR U.S. HOMES CORPORATION Thompson LAND DEVELOPMENT
DIVISION FOR THE "MITCHELL- PEARSON" PROPERTY (90028
WHEREAS, U.S. Homes Corporation /Thompson Land Development Division has
requested approval for a Residential Planned Unit Development. Preliminary
Plan /Plat and Conditional Use Permit for the creation of 256 single family
lots and 13 outlots on 116 acres for the "Mitchell- Pearson" property located
at the southeast quadrant of the west City limits (Brockton Lane) and Medina
Road; and,
WHEREAS, the Planning Commission has reviewed the request at a duly called
Public Hearing;
SNOW, 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 U.S.
Homes Corporation /Thompson Land Development Division for a Residential Planned
Unit Development Preliminary Plan /Plat and Conditional Use Permit for the
Mitchell- Pearson" property located at the southeast quadrant of the west City
limits (Brockton Lane) and Medina Road, based on the following findings:
1. The plat and plan do not comply with the Planned Unit Development
attribute of the Plymouth Zoning Ordinance regarding affirmative design
efforts toward the preservation and enhancement of natural site features.
The plan proposes to remove a significant percentage of existing trees on
the site above the 100 -Year Flood Elevation.
2. The plat does not com ly with Section 500.15 of the Plymouth City Code
Subdivision Ordinance regarding retention and maintenance of desirable
trees. The plan proposes to remove a significant percentage of existing
trees on the site above the 100 -Year Flood Elevation.
3. The proposed development, while requesting design flexibility possible
with Planned Unit Developments (PUDs) does not provide corresponding
features that we delineated for PUDs in Section 9 of the Zoning Ordinance.
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT AND
CONDITIONAL USE PERMIT FOR U.S. HOMES CORPORATION THOMPSON LAND DEVELOPMENT
DIVISION FOR THE "MITCHELL- PEARSON" PROPERTY (90028
WHEREAS, U.S. Homes Corporation /Thompson Land Development Division has
requested approval for a Residential Planned Unit Development Preliminary
Plan /Plat and Conditional Use Permit for the creation of 256 single family
lots and 13 outlots on 116 acres for the "Mitchell- Pearson" property located
at the southeast quadrant of the west City limits (Brockton Lane) and Medina
Road; and,
WHEREAS, the Planning Commission has reviewed the request at a duly called
Public Hearing and recommends approval;
SNOW, 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 Residential
Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for
the "Mitchell- Pearson" property located at the southeast quadrant of the west
City limits (Brockton Lane) and Medina Road, subject to the following
conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No building permits shall be issued until a contract has been awarded for
sewer and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of filing the Final Plat with
Hennepin County with credit for dedication of and trail construction in
Outlot I.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures in subdivisions adjacent to, or containing any open
storm water drainage facility.
7. Rezoning shall be finalized with the filing of the Final Plat.
8. No building permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
9. Maximum allowed density shall be 2.5 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. Five density points
are assigned. The maximum number of dwelling units allowed is 256.
see next page)
Resolution No.
File 90028
Page Two
10. No private drive access shall be permitted to Medina Road; all private
drives shall be directed to internal public streets.
11. The minimum side yard setbacks for all detached dwellings and accessory
buildings shall be 10 feet; the minimum rear yard setback shall be 25
feet; and the minimum front yard setback shall be 35 feet, except on lots
specified by the City Council in the Final Plan and Development Contract,
where it has been demonstrated that preservation of natural site features
requires a reduced front setback.
12. The design of proposed private open space areas and Medina Road landscape
screening shall be specified with the Final Plat. The approved
improvements shall be installed prior to issuance of building permits for
homes on the adjacent lots.
13. Compliance with the terms of City Council Resolution 89 -439 regarding tree
preservation.
14. Redesign of private open space areas to increase the width of trail
corridors to a minimum of 20 feet.
c
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting of the
City Council of the City of Plymouth, Minnesota, was held on the 4th day
of June , 19_2_0 The following members were present:
Mayor Bergman, Councilmembers Helliwell Ricker Vasiliou and Zitur
The following members were absent: None
Councilmember Zitur introduced the following Resolution and
moved its adoption:
RESOLUTION 90- 335
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR U.S. HOMES
CORPORATION /THOMPSON LAND DEVELOPMENT DIVISION (90028)
WHEREAS, U.S. Homes Corporation /Thompson Land Development Division has
requested approval for a Residential Planned Unit Development Concept Plan for
property located at the southeast quadrant of the west City limits (Brockton
Lane) and Medina Road; and,
WHEREAS, the Planning Commission has reviewed the request at a duly called
Public Hearing and recommends approval;
SNOW, 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 Residential
Planned Unit Development Concept Plan for property located at the southeast
quadrant of the west City limits (Brockton Lane) and Medina Road, 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. Density bonus points are assigned as follows:
a. +4 for Project Size (Maximum Available for Size)
4. If the bonus point for open space is achieved, maximum density shall be
2.5 units per net acre. Density shall be no more than 2.4 units per net
acre until it is demonstrated that the plan achieves qualified open space
sufficient to achieve the bonus point.
5. Draft restrictive covenants for the private open areas shall be submitted
with Preliminary Plat /Plan application.
see next page)
Resolution No. 90 -335
File 90028
Page Two
6. A private trail system to be constructed within the project, .providing
residents of the PUD with internal access, shall* be bituminous and
constructed to City standards. It shall be completed prior to issuance of
building permits to adjacent lots.
7. No private drive access shall be permitted to Medina Road; all private
drives shall be provided by internal public streets.
8. Completion of the environmental review process per the rules of the
Minnesota Environmental Qu41ity Board if approved density exceeds the
criteria in the State Rules.
9. No approval is hereby granted for structure setbacks or other dimensional
standards that related to the Zoning or Subdivision Ordinance. The City
setback standard applied to detached dwellings in RPUDs is 25 feet rear,
10 feet side, and 35 feet front. Exceptions may be approved for specific
lots based upon need to preserve natural features.
10. All street rights -of -way will be dedicated with the initial final plat and
park dedication will be in accordance with the Park Dedication Policy in
effect at the time of filing the Final Plat.
11. The RPUD Preliminary Plan shall include private trail linkages southwest
from "Walnut Grove Lane" to "Yellowstone Lane "; from "Yellowstone Lane"
westerly to the north end of the pond area of "Outlot E "; from "Alvarado
Lane" west to "Outlot D" at the north and south ends of "Outlot D "; and
southerly from the "Alvarado Lane" cul -de -sac at the southwest corner of
the plan to the "Outlot G" trail corridor.
The motion for adoption of the foregoing Resolution was duly seconded
by Councilmember Ricker , and upon vote being taken thereon,
the following voted in favor thereof: Mayor Bergman, Councilmembers
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
R$GULAR
OM 4,
BAGS 192
COUNCIL N=TING
1990
MOTION as made by Councilmember Ricker,
seconded Councilmember Vasiliou, to direct
the Plannin ommission to consider revision
of the Zoning inance minimum 15, side yard
setback in the R A District, for dwellings
and accessory stru es.
Motion carried on a ro*k call vote, five
ayes.
Councilmember Zitur asked if the trail
proposed in the Concept Plan for the
Mitchell- Pearson Property" Mould connect
with Greenwood School.
r
Director Tremere stated the trail would
connect with Greenwood School.
Councilmember Zitur asked if assignment of
density bonus points would be resolved by the
Planning Commission.
Director Tremere stated four points would be
assigned due to the size of the development.
An additional point will be decided at the
preliminary plat stage. If the developer is
unable to convince the Planning Commission
that an additional bonus point is warranted,
ten dwelling units will need to be eliminated
from the development. The development would
then consist of 246 dwelling units, rather
than the 256 now proposed.
Councilmember Vasiliou shared the concerns
expressed by Planning Commissioners Plufka
and Stulberg of allowing the petitioner to go
below the 10 percent open space requirement.
She stated that other designs to minimize
open space have not worked, and she will be
looking critically at how the open space is
used at the Preliminary Plat stage. Delay in
assigning bonus points could mislead the
developer and residents nearby as to size of
the development.
REGULAR COUNCIL !M* °"ING
JUNE 4, 1990
WAGE 193
Councilmember Ricker echoed Councilmember
Vasiliou's concerns regarding use of open
space.
MOTION was made by Councilmember Zitur,
seconded by Councilmember Ricker, to adopt
RESOLUTION NO. 90 -335 APPROVING RESIDENTIAL
PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR
U.S. HOMES CORPORATION /THOMPSON LAND
DEVELOPMENT DIVISION (90028) .
Bill Pritchard, petitioner, stated the
original concept plan showed the storm water
drainage area incorporated as open space.
Since that time, they have considered
including a ponding area, but not storm water
drainage, in the open space calculations.
This would create homeowner association
amenities and provides a passive type of open
space. He asked if the Council would
consider a ponding area as open space.
Councilmember Vasiliou stated she supports
the concept of passive open space in
developments; however, it must clearly be
delineated who will maintain the open space.
Councilmember Zitur stated he is also not
opposed to the use of ponds as passive open
space.
Councilmember Helliwell asked whether the
ponds were natural. Mr. Pritchard responded
they were not.
Motion carried on a roll call vote, five
ayes.
MOTION was made by Councilme r Zitur,
seconded by Councilmember Rid , to adopt
RESOLUTION N0. 90 -336 APPROV3M SITE PLAN AND
CONDITIONAL USE PERMIT R TRAMMELL CROW
COMPANY FOR NEW HORIZO AY CARE (90030).
Motion carrie a roll call vote, five
ayes. "
RESOLUTION 90 -335
APPROVING RPUD
CONCEPT PLAN FOR
U.S. HOMES
CORPORATION /THOMP
SON LAND DEV.
90028)
Item 8 -B
APPROVING SITE
PLAN AND UP FOR
NEW H ZON DAY
90030)
I M *8 -C
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
MAY 23, 1990
The Regular Meeting of the City of Plymouth Planning
Commission was called to order at 7:00 p.m.
MEMBERS PRESENT: Chairman Richard Plufka, Commissioners
John Wire (arrived at 7:40 p.m.), Hal
Pierce, Joy Tierney, Larry Marofsky, and
Michael Stulberg.
MEMBERS ABSENT: Commissioner Dennis Zylla.
STAFF PRESENT: Coordinator Charles Dillerud and Sr.
Clerk /Typist Denise Lanthier.
MINUTES
mmissioner Pierce, seconded by Commissioner
Tierney, to appro utes for the May 9, 1990,
Planning Commission Meeting.
Vote. 5 Ayes. MOTION carried.
Chairman Plufka introduced the request by U.S. Homes
Corporation /Thompson Land Development Division for an RPUD
Concept Plan for the "Mitchell- Pearson Property" located at
the southeast quadrant of the west City limits (Brockton
Lane) and Medina Road.
Coordinator Dillerud gave an overview of the May 15, 1990,
staff report.
Chairman Plufka asked staff why the petitioner's failure to
achieve 10 percent open space consistent with the Sketch
Plan approval is not included in the resolution.
Coordinator Dillerud responded that the failure to provide
10 percent qualifying open space results in the inability to
gain a bonus point in the PUD. The Sketch Plan approval
condition is not the same issue.
Chairman Plufka introduced Bill Pritchard of Orrin Thompson
Homes, representing the petitioner.
Mr. Pritchard stated that Orrin Thompson Homes is an
integral part of the community. He stated they strongly
MOTION TO APPROVE
ED
U.S. HOMES CORPORATION/
THOMPSON LAND DEVELOP-
MENT (90028)
Planning Commission Minutt
May 23, 1990
Page 79
believe in customer satisfaction, and their primary goal is
to cooperate with the City of Plymouth in order to maintain
a long working relationship. He stated upon approval of the
Sketch Plan, they were directed to create more open space,
and he feels they meet or exceed the 10 percent open space
requirement by making some minor adjustments. Mr. Pritchard
stated that the adjustment of the collector street has
resulted in more lots and less cul -de -sacs. He stated their
trade -off is to create more active and passive open space.
Mr. Pritchard asked for direction from the Planning
Commission regarding setbacks. He asked for front setback
of 30 feet for garage space and 35 feet for living space.
Mr. Pritchard stated he agrees with the Ordinance regarding
side yard setbacks with the exception of homes with three
car garages. He stated that the Ordinance allows a setback
of 6 feet for detached garages, and asked the Commissioners
to view a three car garage the same as a detached garage.
Commissioner Wire arrived at 7:40 p.m.
Chairman Plufka introduced Greg Frank of McCombs, Frank,
Roos and Associates, representing the petitioner.
Mr. Frank stated that they have provided much open space for
amenities. He stated that the southwest portion of the site
is wooded and would be preserved. He stated that the BC -P1
ponding area extends into the rear yards and that there is
no standing water in most of the pond area. Mr. Frank
stated that when they create the ponds, they will be
creating amenity. He stated the trails will be maintained
by an association in order to create a good linear
neighborhood. Mr. Frank stated that the average lot size
would be 12,000 + square feet, and no lots would be less
than 10,000 square feet.
Chairman Plufka opened the Public Hearing. There was no one
present to speak on the issue.
Chairman Plufka closed the Public Hearing.
Commissioner Pierce asked Mr. Pritchard why the trail that
ties into the school adjacent to the "Mitchell - Pearson
Property" jogs as it crosses a collector street.
Mr. Pritchard responded that they will propose to change
that in their Preliminary Plan.
Commissioner Pierce stated he was concerned that the lots
backing up to Medina Road in Block 1 were too shallow.
Commissioner Tierney asked staff what the name of one of the
proposed streets would be (Alvarado Lane or Zircon Lane).
r
Planning Commission Minut:
May 23, 1990
Page 80
Coordinator Dillerud responded that the naming of streets is
the decision of the Chief Building Official. Street naming
will be reviewed at later plat stages.
MOTION by Commissioner Marofsky, seconded by Commissioner
Stulberg, to recommend approval of the request by U.S. Homes
Corporation /Thompson Land Development Division for an RPUD
Concept Plan for the "Mitchell- Pearson Property" located at
the southeast quadrant of the west City limits (Brockton
Lane) and Medina Road, subject to the conditions set forth
by staff in the memorandum of May 15, 1990.
MOTION by Commissioner Marofsky, seconded by Commissioner
Stulberg, to amend Condition #3 by stating that the maximum
density shall be 2.5 units per acre resulting in 256 units,
only if the plan meets the 10 percent open space requirement
of the PUD Ordinance.
Chairman Plufka stated he was against the motion to amend
because he finds open space deficient. He stated that he
feels the petitioner is "shoehorning" more density than the
property can handle.
Roll Call Vote. 3 Ayes. Commissioners Wire, Pierce, and
Chairman Plufka Nay. MOTION to amend failed.
MOTION by Commissioner.: Marofsky, seconded by Commissioner
Stulberg, to add a condition stating that the RPUD
Preliminary Plan shall include private trail linkages
southwest from "Walnut Grove Lane" to "Yellowstone Lane ";
from "Yellowstone Lane" westerly to the north end of the
pond area of "Outlot E"; from "Alvarado Lane" west to
Outlot D" at the north and south ends of "Outlot D "; and
southerly from the "Alvarado Lane" cul -de -sac at the
southwest corner of the plan to the "Outlot G" trail
corridor.
Commissioner Wire asked staff if this Concept Plan has been
reviewed by Parks and Recreation.
Coordinator Dillerud responded that the plan has been
reviewed by the Director of Parks and Recreation, and he had
no comments regarding the trails proposed.
Roll Call Vote. 4 Ayes. Commissioners Wire and Tierney
Nay. MOTION to amend carried.
MOTION by Commissioner Stulberg, seconded by Commissioner
Marofsky, to amend Condition 13 by deleting the first
paragraph and assigning another +1 bonus point for qualified
open space in excess of 10 percent of the net site area, if
achieved.
MOTION TO APPROVE
MOTION TO AMEND
VOTE - MOTION TO AMEND
FAILED (TIE VOTE)
MOTION TO AMEND
VOTE - MOTION TO AMEND
CARRIED
MOTION TO AMEND
Planning Commission Minut,
May 23, 1990
Page 81
Commissioner Stulberg stated he feels Condition #3 as it
reads is in conflict with the Sketch Plan approval by
allowing the petitioner to go below 10 percent open space.
Roll Call Vote. 4 Ayes. Commissioner Wire and Chairman
Plufka Nay. MOTION to amend carried.
Chairman Plufka stated that the reason for his vote against
the amendment was because he feels Condition f3 is in
compliance with the Zoning Ordinance, as drafted.
Roll Call Vote on Main Motion. 5 Ayes. Chairman Plufka
Nay. MOTION carried.
Chairman Plufka introduced the request by Trammell Crow
Company for a Site Plan and Conditional Use Permit for a day
care facility located on the west side of Berkshire Lane and
north of County Road 9.
Chairman Plufka waived the overview of the May 15, 1990,
staff report.
Chairman Plufka introduced Peter Hilger of Portfolio Design
Services, Inc., representing the petitioner.
Mr. Hilger stated he was in agreement with the May 15, 1990,
staff report and had no additional comments.
Chairman Plufka opened the Public Hearing. There was n one
present to speak on the issue.
Chairman Plufka closed the Public Hearing.
MOTION by Commissioner Stulberg, seconded y Commissioner
Tierney, to recommend approval of the r uest by Trammell
Crow Company for a Site Plan and Condi onal Use Permit for
a day care facility located on the est side of Berkshire
Lane and north of County Road 9, s4 bject to the conditions
set forth by staff in the memora um of May 15, 1990.
Roll Call Vote. 6 Ayes. M(Or ON carried.
Chairman Plufka introd d the request by Independent School
District 284 (Wayza for a Site Plan, Conditional Use
Permit, and rezon' g from FRD to R -1A 'for an elementary
school located b ween County Road 9 and Highway 55, east of
Peony Lane.
Coordinat Dillerud gave an overview of the May 15, 1990,
staff r ort.
essioner Pierce asked staff how staff planned to reguide
s area.
VOTE - MOTION TO AMEND
CARRIED
VOTE ON MAIN MOTION -
MOTION CARRIED
TRAMMELL CROW
90030)
MOTION TO APPROVE
VOTE - MOTION CARRIED
INDEPENDENT SCHOOL
DISTRICT 284 (WAYZATA)
90031)
M w D
AP- 9 BM
tMckj TH
Mitchell-Pearson Property
R.P.U.D. Preliminary Plan
z
Thompson Land Development Division
U.S. Home Corporation
June, 1990
MITCHELL - PEARSON PROPERTY
R.P.U.D. PRELIMINARY PLAN
BY
THOMPSON LAND DEVELOPMENT DIVISION
U.S. HOME CORPORATION
June, 1990
EXHIBITS
TABLE OF CONTENTS
Table of Contents
Introduction
Natural Resource Analysis
Zoning and Land Use Guiding
Transportation System
Utility System
Park System
Quantitative Analysis
Scheduling
Requested Action /PUD Attributes
A. Location Map, Vicinity Map, Land Use Guiding
B. Boundary Survey
C. Natural Features /Site Analysis
D. Preliminary Plan
E. General Development Plan
F. Preliminary Grading and Drainage Plan
G. Preliminary Utility Plan
H. Phasing Plan
MITCHELL - PEARSON PROPERTY
INTRODUCTION -
The Thompson Land Development Division of U.S. Home Corporation proposes
herewith a R.P.U.D. Preliminary Plan (Exhibit D in the back of this report)
consisting of 256 single family lots located on an approximately 117 acre
parcel. The project is situated along the south side of Medina Road, adjacent
to Plymouth's western corporate limits, and approximately one - quarter mile west
of Peony Lane.
The following project location information is included in Exhibit A, at the
back of this report:
Location Map
Vicinity Map
Land Use Guiding
Topography.and Natural Resources are shown in Exhibit C, and are discussed
in detail in a later section of this report.
Thompson Land Development Division proposes to develop the site as a
planned unit development, with the site design specifically developed to create
a planned neighborhood, responsive to Plymouth's Comprehensive Plan and to a
mixture of housing types. Major design elements include:
Creation of a neighborhood identity by the use of a belt street
linking the entire project.
Enhancement of the site topography by creating ponding elements
throughout the project.
Landscape enhancement through tree preservation, berming, and
transitional planting along Medina Road.
Network of private passive and active open spaces generally
linked by a private trail system that connects to a public trail
system and park area at Greenwood Elementary.
Entry monuments and landscape to create a neighborhood identity.
Deeper and larger individual rear yard spaces for openness and
personal private recreational areas.
Major elements of the Comprehensive Plan, as follows, are discussed in
detail in later sections of this report:
Zoning and Land Use Guiding
Transportation System
Utility Systems (Sanitary, Storm and Water)
Park System
This project had previously been reviewed and approved by the City under
the R.P.U.D. Concept Plan review process. The proposed development is
generally consistent with the approved Concept Plan.
U.S. Home offers a long and successful history of land developing and home
building in the Twin Cities metropolitan area. The best testimony of this is
available from City officials with which they have been involved. A listing of
these is included in the back of this report, and the applicant welcomes and
encourages the City of Plymouth to contact these municipalities.
NATURAL RESOURCE ANALYSIS -
The Mitchell - Pearson Property is predominantly open, agricultural land.
Topography on the site is flat to slightly rolling, with a maximum relief on
the site of approximately 25 feet. Maximum slopes on the site are 20%, with a
more typical range of approximately 5% or less. Site topography and features
are presented in Exhibit C, Natural Features /Site Analysis.
The site is divided by three drainage areas: the western approximately 50%
of the site drains westerly to Medina; the northern approximately 10% of the
site adjacent to the Medina Road drains northerly across Medina Road to the Elm
Creek Watershed; and the southern and eastern remainder of the site drains
southerly into the Bassett Creek Watershed.
A DNR (Department of Natural Resources) protected wetland exists south of
the site. However, based on an on -site visit by DNR staff, a determination was
made that the wetland does not extend onto the subject parcel. A copy of the
DNR's review correspondence is attached. The upland tributary area to the DNR
wetland is located in proposed Outlot G in the southeastern corner of the site,
and is designated as a ponding area on Plymouth's Storm Drainage Plan. On the
Mitchell - Pearson property, this area is drained by a ditch that extends south
of the southerly property line. A narrow peninsula of lowland woods
Cottonwood, Poplar, etc.) is centered in the ditch and is approximately 100
feet to 200 feet in width and extends approximately 800 feet north from the
south property line.
Other major woodland resources on the site are located in the southwest
corner and the south central portion of the site. In the southwest corner, the
wooded area included Ash, Elm, Cottonwood and Boxelder and a number of dead
trees. The other wooded area consists of Aspen, Ash and Oak and is located in
the south central area.
ZONING AND LAND USE GUIDING -
Present zoning of the site is FRD (Future Restricted Development) and the
land use designation is LA -1 (low- density residential). Adjoining land use
designations are shown on Exhibit A. The insert entitled "Adjoining
Development Map" shows alignments of roads and lots in the immediate area,
including the Lundgren Bros. proposed development immediately south of the
Mitchell- Pearson parcel.
The R.P.U.D. Preliminary Plan proposal is consistent with the City's Land
Use Guide Plan and the proposal includes the required rezoning to R -1A from
FRD.
TRANSPORTATION SYSTEM -
According to Plymouth's Thoroughfare Guide Plan, Medina Road, which is the
northern boundary of the Mitchell - Pearson site, is designated as a major
collector. Medina Road serves as the primary access to the site. Currently,
it is an unimproved gravel road. However, the Current City Capital Improvement
Plan anticipates the upgrading of Medina Road west of County Road 101 in 1990.
Two entrances are proposed onto Medina Road. As part of the proposal, a half
right -of -way of 33 feet is proposed for Medina Road, consistent with the City
Engineer's recommendations.
Property immediately east of the site is developed as an elementary school
facility, eliminating the need or potential of an easterly street extension
through the proposed project. The property to the west is outside of
Plymouth's City limits, and a westerly extension of a street to this area was
determined by the City Council to be unnecessary. The Owner of the property
south of the project site, Lundgren Bros. Construction, Inc., and Thompson Land
Development Division have been in contact, and a street alignment between the
two parcels has been determined as shown in the Concept Plan. The street
alignment reflects the approved Preliminary Plat alignment for Lundgren Bros.
property. This street extension, per the Thoroughfare Plan, to Medina Road,
will be considered a minor collector, requiring a 60 -foot right -of -way. Based
on City Council directives, the alignment for this collector is to be
circuitous, to impede outside traffic from using this street as a short cut. A
T- intersection at a critical area and the curvilear design are used to reduce
thru speeds. The Preliminary Plan proposes the collector alignment from Zircon
Avenue North to Yellowstone Avenue North to 38th Avenue North and, finally, to
Urbandale Avenue North. A 60 -foot right -of -way is proposed for those streets.
UTILITY SYSTEMS -
SANITARY SEWER
According to the Plymouth Capital Improvement Plan, trunk sanitary sewer
service will be extended to the project site in 1990, with trunk service being
constructed in close proximity to the site's southeast property corner.
Internal laterals will be extended as shown on the Preliminary Utility Plan,
Exhibit G.
WATERMAIN
Plymouth's Water Supply and Distribution Plan anticipates a 12 -inch trunk
watermain along the easterly boundary of the site, which then provides an
adequate water supply to the project. The alignment for this trunk facility
generally follows Urbandale Avenue North to Urbandale Court North. Refer to
Exhibit G.
Trunk watermain extensions along Peony Lane are scheduled in 1990, as part
of the Capital Improvement Plan. These trunks will need to be extended further
west and north for service to be available to the Mitchell - Pearson property.
CTnRM RPWF.R
Storm sewer retention ponds and internal on -site storm sewer will be
designed to meet both Plymouth's requirements and those of the various
watershed districts that govern the project site. The Preliminary Grading and
Drainage Plan, Exhibit F, addresses the proposed storm water management.
PARK SYSTEM -
An existing easement for travel purposes in the extreme southeast corner of
the site reflects the only element of the park system, as designated on the
Park and Trail System Plan, that impacts the site.
The Greenwood Elementary School site, immediately east of the project,
contains park facilities available for residents of the proposed development
and the general neighborhood.
QUANTITATIVE ANALYSIS -
The gross site area is approximately 116.5 acres. The gross density is 2.1
units per acre. The gross allowable residentially guided land for residential
density calculation purposes, after deducting 14.0 acres of ponding area (per
Pond BC -P1 per the City's Storm Drainage Plan) is 102.5 acres. Utilizing the
Bonus Point Calculation Criteria" as contained in Section 9 of the Zoning
Ordinance for Planned Unit Developments, the allowable number of bonus points
requested are summarized as follows:
BONUS POINT CALCULATION
A. Project Size 4
B. Affordable Housing 0
C. Housing Mix 0
D. Open Area 1
F
TOTAL 5
Private open spaces for the project consist of a combination of linear
trail systems and active open areas. A summary is as follows:
OUTLOT ACREAGE
A 3.5
B 0.6
C 3.2
D 0.1
E 0.6
F 2.2
G 1.2 (net -10.8 Ac.
gross)
H 0.5
I 0.1
J 0.1
K 0.1
L 0.1
M 0.1
TOTAL 12.0 Acres (net)
USE
Active Open Area /Trail /Ponding Area
Trail Corridor
Active Open Area /Trails /Ponding Area
Trail Connection to Greenwood Elem.
Active Open Area /Trails
Open Area (Wooded) /Passive Trail
Active Open Area /Trails /Ponding Area
Active Open Area /Trails /Ponding Area
Trail
Entrance Monument
Entrance Monument
Entrance Monument
Entrance Monument
These outlots will be commonly owned by a homeowner's association,
consisting of all single family lots. This association will be responsible for
the maintenance of the outlots. It should be noted that the ponding areas in
Outlots A, C, F and H are not a part of the City's Storm Drainage Plan, but are
designed by this site as an asthetic amenity, as well as to facilitate on -site
drainage.
A tabulation of the net percent open space, exclusive of required ponding,
for the project is as follows:
Net Residential Acreage 102.5 AC
NET PRIVATE OPEN SPACE 12.0 AC
PERCENTAGE OF PRIVATE OPEN SPACE 11.7%
A total of fourteen outlots are proposed, totaling 20.6 acres and
representing over 17% of the total site acreage. The focus of the open area
design includes the creation of passive and active areas; developing a private
trail system generally linking the site to the playfield are available at
Greenwood Elementary, immediately east of the site; providing an east -west
trail system for the benefit of the residents of the Lundgren Brothers proposed
development immediately south of the site to allow access to Greenwood
Elementary; integrating the trails and proposed ponding areas to maximize the
asthetics of the trail system; and preserving wooded areas as a neighborhood
resource under common ownership of the homeowner association. The combination
of the trail system /open spaces and the belt street design insures a variety of
biking and trail route combinations to the neighborhood. Additionally, the
open space design provides an option of active recreation areas, and a viable
linkage to an adjacent play area of considerable size at Greenwood Elementary.
From the "Bonus Point Calculation Table" of the ordinance, the permitted
gross density for +5 bonus points is calculated as follows:
USE DENSITY NET ACRES UNITS
LA -1 2.5 Units /Acre 102.5 256
If no bonus points are allowed, the permitted gross density is:
USE DENSITY NET ACRES UNITS
LA -1 2.0 Units /Acre 102.5 205
The proposal is for 256 single family lots, which is the mid -range for LA -1
guided land.
SCHEDULING -
Construction is planned to begin in 1990 concurrently with the availability
of trunk sanitary sewer service. The project will be constructed in
approximately 3 - 5 years, in several phases. Refer to Exhibit H. Site
grading, utilities and street construction would be constructed in general
accordance with development staging.
REQUESTED ACTION /PUD ATTRIBUTES
The requested action is for approval of a Concept Plan for a Residential
Use Planned Unit Development (RPUD) including the net +5 bonus points for
density consideration.
The benefits to the City of Plymouth for considering this project as
Planned Unit Development are summarized as follows:
1. A higher standard of professionally designed building sites is
achieved. This Planned Unit Development Concept Plan encompasses a
116.5 acre area that is harmoniously designed to insure the best use
of the site for building sites, preservation of natural features,
development of open areas, and efficient and effective design of
streets and utilities.
2. A more efficient and effective use of streets, utilities and public
facilities is achieved that yields a high - quality development at a
lesser cost. By preserving the natural site characteristics while
simultaneously maintaining overall site densities, the amount of
street and utility frontage for individual lots is reduced, and this
allow site development to be completed at a lesser cost in a more
efficient and effective manner. In this 116.5 -acre development, a
total of 12.0 net acres of land are proposed to be developed as open
areas. This land will not only add to the quality of this
development, but will benefit the entire City. The primary attribute
of the open space is to provide for trails and active open recreation
and preservation space for the neighborhood. In total, approximately
17 percent of the site will be protected from future development while
maintaining overall site densities similar to a conventional plat.
This demonstrates clearly that this proposed project has efficiently
and effectively utilized semi - public facilities while maintaining a
very high quality development with substantial amounts of land being
retained as private open areas. Additionally, the costs for the
maintenance of the private open spaces, which is the responsibility of
the Homeowner's Association, will have a larger assessment base
because of the overall project density has been retained.
3. The proposed privately owned open spaces assure more usable
recreational facilities than would otherwise be provided under
conventional land development procedures.
4. As discussed earlier in this report, a considerable portion of the
project's natural site characteristics are being preserved through the
utilization of private open spaces, public parks and ponding areas.
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