HomeMy WebLinkAboutPlanning Commission Packet 10-10-19905- ! \\\
BACKGROUND:
No previous applications for development activity on this site are of record
with the Community Development Department. During consideration of the
citywide Land Use Guide Plan Amendments in 1989, the applicant requested
consideration of a Land Use Guide Plan change on this parcel. The Planning
Commission decided to not include consideration of the reguiding of this area
in the overall City Land Use Guide Plan Amendment process.
These applications are for the Land Use Guide Plan Reclassification, Mixed
Plan Unit Development, Concept Plan, Rezoning, and Preliminary Plan /Plat for a
35.8 acre parcel. Also requested is a waiver of the 40 minimum size for a
Planned Unit Development. The Land Use Guide Plan Reclassification requested
is from LA -3 (High Medium Residential) to I -P (Planned Industrial). The
Concept Plan, Rezoning, and Preliminary Plan /Plat are for the entire parcel
responsive to the Land Use Guide Plan Reclassification requested. No Site
Plans or Final MPUD Plans are applied for at this time.
Notice of this public hearing has been published in the official City
newspaper and mailed to all property owners within 500 feet. A development
sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The site is located within the Bassett Creek Watershed District, and
includes areas that are within both the Shoreland Overlay District and the
Floodplan Overlay District related to the Plymouth Creek Corridor. The
site does contain wetlands regulated by both the Minnesota DNR and the
Corps of Engineers, the alteration of which will- require permits from
those agencies. The site does contain significant woodlands and slopes in
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: October 5, 1990 COMMISSION MEETING DATE: October 10, 1990
FILE NO.: 90063
PETITIONER: Berkshire Lane I Limited Partnership (Trammell Crow
Company)
REQUEST: Land Use Guide Plan Amendment, Mixed Plan Unit Development
Concept Plan, Preliminary Plan /Plat /Conditional Use Permit
and Rezoning for "Plymouth Business Center 5th Addition"
LOCATION: Between Fernbrook Lane and Interstate Highway 494 at 34th
Avenue North
GUIDE PLAN CLASS: LA -3 (High Medium Density Residential) and I -P (Planned
Industrial)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
No previous applications for development activity on this site are of record
with the Community Development Department. During consideration of the
citywide Land Use Guide Plan Amendments in 1989, the applicant requested
consideration of a Land Use Guide Plan change on this parcel. The Planning
Commission decided to not include consideration of the reguiding of this area
in the overall City Land Use Guide Plan Amendment process.
These applications are for the Land Use Guide Plan Reclassification, Mixed
Plan Unit Development, Concept Plan, Rezoning, and Preliminary Plan /Plat for a
35.8 acre parcel. Also requested is a waiver of the 40 minimum size for a
Planned Unit Development. The Land Use Guide Plan Reclassification requested
is from LA -3 (High Medium Residential) to I -P (Planned Industrial). The
Concept Plan, Rezoning, and Preliminary Plan /Plat are for the entire parcel
responsive to the Land Use Guide Plan Reclassification requested. No Site
Plans or Final MPUD Plans are applied for at this time.
Notice of this public hearing has been published in the official City
newspaper and mailed to all property owners within 500 feet. A development
sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The site is located within the Bassett Creek Watershed District, and
includes areas that are within both the Shoreland Overlay District and the
Floodplan Overlay District related to the Plymouth Creek Corridor. The
site does contain wetlands regulated by both the Minnesota DNR and the
Corps of Engineers, the alteration of which will- require permits from
those agencies. The site does contain significant woodlands and slopes in
16
excess of 12% (related to the Plymouth Creek Corridor). Except as
directly related to the Plymouth Creek corridor, the site is designated by
the Plymouth Physical Constraints Analysis to be suitable for urban
development with public sewers. This application accurately identifies
the physical constraints found on the site, and the Development Plan
addresses design to accommodate those constraints.
2. The application for Land Use Guide Plan Reclassification proposes to
reclassify approximately 15 acres of the 37 -acre site from LA -3 (High
Medium Density Residential) to I -P (Planned Industrial). The existing
Land Use Guide Plan map for this area indicates a southerly extension of
Annapolis Lane from its existing terminus in the Plymouth Business Center.
The Land Use Guide Plan map suggests that the Land Use Guide Plan District
boundary between LA -3 and I -P should be the center line of Annapolis Lane
extended to the point at which it crosses Plymouth Creek. The Plan
appears to indicate that the Land Use classification boundary between LA -3
and I -P would then extend south and easterly on the center line of
Plymouth Creek to the point where Plymouth Creek intersects Interstate
494.
The applicant proposes to extend the Planned Industrial classification
south and west of Plymouth Creek, substituting a significant stand of
mature hardwood trees as the Land Use Guide Plan classification District
boundary.
3. The applicant, in a letter dated June 29, 1990 (attached), addresses the
required items in support of the Land Use Guide Plan Amendment. Staff
findings with respect to the Land Use Guide Plan request are addressed in
the "Planning Staff Comments" section of this report.
4. The Concept Plan presented provides for the extension of Annapolis Lane
southerly and across Plymouth Creek to a point of intersection with 34th
Avenue North; and the extension of 34th Avenue North westerly with
Fernbrook Lane. The land use proposed. would be consistent with the Land
Use Guide Plan Amendment also applied for to include industrial in all
areas east of Annapolis Lane and at the northwest corner of Annapolis Lane
and 34th Avenue North; and Mid - Density Residential (6 -unit structures on a
site that straddles Plymouth Creek at the northwest corner of the parcel).
The residential units would be concentrated north of Plymouth Creek but
the site supporting residential density proposed (6.93 acres) is on both
sides of the creek. The proposed residential net density is 3.3 units per
acre net of all land area below the 100 -year high -water elevation of
Plymouth Creek. The proposal to provide residential density well under
the 5.0 unit per net acre LA -3 minimum is directly related to development
restrictions imposed by the Department of Natural Resources beyond those
of the Plymouth Zoning Ordinance with respect to dwelling units permitted
within 200 feet of the Plymouth Creek center line. The proposed
residential density is the maximum permitted under DNR rules, regardless
of allowances available in the LA -3 Land Use Guide Plan classification.
5. The applicant requests a waiver of the 40 -acre minimum PUD project size to
permit their proposed site of 35.8 acres. Section 9, Subdivision B,
Paragraph 3a provides that the 40 -acre minimum size may be waived when
unusual features of the property itself dictate such a waiver, or if the
property adjoins property that has been developed under the provisions of
the PUD Ordinance. The site does adjoin the existing Plymouth Business
Center (MPUD 78 -1) and contains unusual site features such as Plymouth
Creek, the I -494 corridor and constraining existing developments.
6. Section 9, Subdivision B, Paragraph 5c of the Plymouth Zoning Ordinance
specifies a written review concerning the following regarding a PUD
Concept Plan:
a. Existing land use west of the site is a high- voltage power line
corridor and Interstate Highway 494; north of the site the existing
Plymouth Business Center (industrial use) east of Annapolis Lane and
the existing single family detached residential west of Annapolis
Lane; west of the site are three existing single family detached
residences (land use classified LA -3) and existing Fernbrook Lane
High Density housing across Fernbrook Lane to the west); and, to the
south, vacant land with a Land Use Guide Plan classification of
Limited Business. The Concept Plan provides transition relationship
to the adjoining neighborhood. The individual site design to preserve
existing natural features to provide a reasonable transition with
respect to the southwest corner and the northwest corner of the
Concept Plan is important.
The Concept Plan does provide a otpentialforincorporationofthe
three existing single family homes into the LA -3 orientation to
Annapolis Lane (as opposed to Fernbrook Lane). '
b. The Concept Plan proposed shows compliance with all related City
Ordinances to the degree such compliance can be identified at this
level of detail. Amendment to the Comprehensive Plan with respect to
the Land Use Guide Plan classification of approximately 15 acres of
the area covered by the Concept Plan is a precedent to a finding that
the Concept Plan is in compliance with the Comprehensive Plan.
Without the Land Use Guide Plan Amendment proposed concurrent with
this application, Comprehensive Plan compliance cannot be found.
7. Section 9, Subdivision B, Paragraph 5j provides that the Planning
Commission, after holding a public hearing, shall make recommendations to
the City Council based on, but not limited to, the following with regard
to PUD Preliminary Plans /Plats /Conditional Use Permits:
a. Compatibility- with the stated purposes and intent of the Planned Unit
Development
Section 9, Subdivision B of the Zoning Ordinance specifies provides 5
expected attributes of a Planned Unit Development. The attributes
listed are addressed by the Preliminary Plan presented by the
applicant. The applicability of several of those attributes to the
nonresidential portion of this PUD Plan is not as direct as to the
relatively small residential portion.
A specific PUD attribute that is of increasing emphasis in Plymouth is
that of design efforts toward the preservation and enhancement of
desirable natural site characteristics. This site does exhibit
substantial natural site characteristics, and the Preliminary Plan
does demonstrate affirmative design efforts to preserve those by
leaving substantial areas adjoining Plymouth Creek either in a natural
setting or reconfigured as passive open space. The Preliminary Plan
also addresses the specific need to preserve the substantial wooded
area existing at the west center portion of the site. The
encroachment of the Planned Industrial site development into that
wooded area is clearly defined by the Plan as a guide for specific
site planning at later PUD stages.
b. The relationship of the proposed Plan to the neighborhood in which it
is proposed to be located, to the City's Comprehensive Plan and to
er arovisions oT the zon
The PUD Plan proposed presents a positive relationship to the
neighborhood in which it is located. It is important, however, to
recognize the need for careful site planning with respect to the
wooded area located in the west center portion of the site and the
transition that will be necessary in the north center of the site
between the 6 -unit structures and the existing single family detached
buildings. Since both of these areas will be subject to MPUD Final
Site Plans, the level of detail will be subject to review by City
staff, the Planning Commission and the City Council prior to
execution.
An important element of the Preliminary Plan relates to a Lot Line
arrangement that leaves a "corridor" available from the three existing
residential properties fronting Fernbrook Lane (and Land Use
classified LA -3) easterly to Annapolis Lane. That corridor -- even if
wooded -- provides the opportunity for potential integration of land
where these three single family homes are located with the LA -3
guiding to the east, with eventual orientation to Annapolis Lane
rather than Fernbrook Lane.
If the Land Use Guide Plan Amendment proposed with a concurrent
application is approved, the Preliminary Plan will be consistent with
the Comprehensive Plan. The Preliminary Plan is consistent with the
other City Ordinances that apply to the extent discernible at the
level of detail required by a MPUD Preliminary Plan and Plat.
c. Internal organization and adequacy of various uses or densities;
circulation and parking facilities; recreation areas and open spaces
Substantial efforts were expended on the PUD Plan with respect to
vehicular circulation, use transition, and design related to existing
natural amenities. The resulting PUD Plan provides circulation
relationship to open spaces and organization of the various uses in a
positive manner, given a difficult site with numerous constraints.
PLANNING STAFF COMMENTS:
1. Staff analysis and findings per the application checklist for Land Use
Guide Plan amendments are as follows:
a. The area of the site proposed for reclassification responds equally to
the locational criteria of the Land Use Guide Plan with respect to the
LA -3 and the I -P classification. The better relative capability of
LA -3 guiding to preserve site natural resources would support the
existing LA -3 guiding on those portions of the site for
reclassification where wetlands and woodlands exist. With the control
of a well- designed PUD Plan, such as proposed, the natural sensitive
portions of the area to be reclassified can be properly developed with
the proposed Planned Industrial guiding as well as the existing LA -3
guiding.
b. The area proposed for Land Use Reclassification could be reasonably
developed under the existing LA -3 classification. The applicant
states that development of the site will likely occur sooner with
Planned Industrial guiding than with LA -3 guiding due to tie current
status of the market for the respective land uses.
We cannot dispute this observation, but we believe the Guide Plan
classification of a site should be responsive to more than only the
cyclical movement of the real estate market. Classification of a site
is either right or wrong based on its relationship to the surrounding
area and the physical features of the site -- regardless of the point
in time that development can take place based on the real estate
market.
c. There does not appear to be a lack of developable property within
Plymouth of the Planned Industrial land use classification. Scattered
sites remain within the industrial area in the 494 corridor (including
the applicant's recently reclassified site at the northwest corner of
County Road 9 and 494), and other areas of Plymouth include
substantial areas of land, both developed and developable, with the
Planned Industrial guiding.
d. Developed land (with structures on it) elsewhere in the City should
not be adversely affected by the proposed reclassification from R -3 to
I -P. Since other lands currently classified I -P and lying vacant and
ready for development will compete with this site for industrial
tenants, there is no question that the reclassification of a portion
of this site from LA -3 to I -P will result in a relative negative
impact on property that is already guided I -P and on the market. The
supply of land in Plymouth with a Planned Industrial classification
will have increased, while demand will not necessarily have increased
proportionately.
e. On its face, the proposal to reclassify a portion of this site from
LA -3 to I -P does not show any particular merit beyond the interests of
the property owner and applicant. When combined with the MPUD
Concept /Preliminary Plan applications which more clearly specify the
design of the site after the reclassification, the proposed merit to
the City of Plymouth can be recognized by the commitment to preserve a
significant percentage of the existing woodland area.
f. In the case of a site with significant natural features (such as this
site possesses) it can be reasonably stated that the "highest and best
use" of the site is strongly related to the site use that will do the
best job of preserving those natural resources. The Planned
Industrial land use classification is not normally the highest and
best use for an environmentally sensitive site. When coupled with a
Planned Unit Development Plan specifying in detail areas of the site
to be preserved during development, many potentia --Land Use Guide Plan
classifications could be considered "highest and best ". This is the
case with this application. Planned Industrial land use
classification proposed may not be "highest and best ", but when
coupled with the specific Planned Unit Development Plan proposed, the
Planned Industrial classification is as high and as good as any other
land use classification for the site.
g. The potential for impact upon the several elements of the Plymouth
Comprehensive Plan has been reviewed during the Development Review
Committee review process. No specific negative impacts have been
identified with respect to transportation, sanitary sewer, storm
drainage, municipal water, Capital Improvements Program, official
controls, or City parks /open space. The Housing Element of the
Comprehensive Plan identifies a community need to provide housing
affordable by a broad range of income levels for people that currently
reside and are expected to reside in our community. Much of the new
housing constructed in Plymouth that could be considered affordable by
families with lower incomes has been historically created in areas
allowing the higher density of development possible in the LA -3 land
use classification.
The citywide Land Use Plan Amendments of 1989 removed substantial
areas of the community from the LA -3 classification. This proposal to
remove an additional 15 acres from the LA -3 classification
representing 75 -100 potential lower -cost housing units) should be
viewed as significant in terns of the housing element of the
Comprehensive Plan.
h. The potential impact on area utility charges; current and future
special assessments; current and future property tax assessments; and
per capita -based municipal aids should not be significant net. While
per capita aids would surely reduce with a reclassification from LA -3
to I -P, municipal assessments and charges based on land use would be
somewhat higher with the industrial classification than the
residential.
The foregoing are the items on the Council approved checklist for
reguiding petitions, with staff comments. The balance of this section
deals with the matters identified in the Zoning ordinance for PUD's.
2. We find the proposal to reclassify approximately 15 acres of the subject
site from an existing LA -3 (High Medium Density Residential) to I -P
Planned Industrial) to be consistent with the design of this general
neighborhood of the City and the intents /purposes of the Plymouth
Comprehensive Plan, and should be approved subject to conditions related
to development of this parcel consistent with the PUD Plan that has been
submitted concurrently.
3. The MPUD Concept Plan proposed is responsive to the Land Use Guide Plan
Amendment recommended for approval, as well as providing a reasonable
relationship to the surrounding neighborhood, based on transition measures
proposed. We find the required basis for a waiver of the 40 -acre minimum
size for a PUD to prevent this. PUD of 35.8 acres to be established
regarding the site.
4. The proposed MPUD Preliminary Plan /Plat /Conditional Use Permit is
compatible with the stated purposes and intent of the Planned Unit
Development Ordinance positive in its relationship to the neighborhood in
which it is proposed to be located; consistent with the City's
Comprehensive Plans and other provisions of the Zoning Ordinance
presuming approval of the Land Use Guide Plan Amendment referred to
above).
The transition to existing uses of a different type proposed along the
north site property line and the west site property line is an important
design feature. We do not believe a clear finding as to the suitability
of the transition measures proposed can be made at the level of detail
presented by a MPUD Preliminary Plan. We recommend that the approval of
the MPUD Preliminary Plan and Conditional Use Permit be conditioned on
Site Plan level detail as to the Site Plan design of Lot 1, Block 2 and
Lot 2, Block 2 of the PUD Preliminary Plat.
5. No Final Plan or Final Plat or Site Plans have been presented with this
application. No specific Site Plan approval is recommended.
RECOMMENDATION:
I hereby recommend adoption of the attached Draft Resolutions providing for
the approval of the Land Use Guide Plan Amendment (subject to conditions that
link the action to actual realization of the plans presented); the MPUD
Concept Plan; and the MPUD Preliminary Plan /Plat /Conditional Use Permit. The
rezoning of the site from existing FRD (Future Restricted Development) to R -3
Medium Density Multiple Residence) and I -1 (Planned Industrial) as the
underlying zoning to the MPUD is hereby also recommended subject to the final
platting. ii rr ) X-\" „, 7 7
Submitted by:
es E. Dille
ATTACHMENTS:
opment Gooraina
1. Proposed Resolution Approving Land Use Guide Plan Amendment
2. Proposed Resolution Approving MPUD Conc pt,Plan
3. Proposed Resolution Approving MPUD Preliminary Plan /Plat and Conditional
Use Permit
4. Ordinance to Rezone
Res9lution Setting Conditions Prior to Publication of Rezoning Ordinance
Engineer s Memo
7. Petitioner's Letters of August 30, 1990 and July 19, 1990 and June 29,
1990
Land Ilse Guide Plan Checklist
Location Map
10. Large Plans
pc /cd/90063)
APPROVING LAND USE GUIDE PLAN AMENDMENT FOR BERKSHIRE LANE I LIMITED
PARTNERSHIP (TRAMMELL CROW COMPANY) FOR PLYMOUTH BUSINESS CENTER 5TH ADDITION
90063)
WHEREAS, Berkshire Lane I Limited Partnership (Trammell Crow Company) has
requested approval of reclassification of land use guiding for approximately
15 acres of LA -3 (High Medium Density Residential) designated land to I -P
Planned Industrial), located between Fernbrook Lane and Interstate Highway
494 at 34th Avenue North; and,
WHEREAS, the Planning Commission has considered the request following a duly
scheduled 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
reclassification of land use guiding for Berkshire Lane I Limited Partnership
Trammell Crow Company) for Plymouth Business Center 5th Addition for
approximately 15 acres of LA -3 (High Medium Density Residential) designated
land to I -P (Planned Industrial), located between Fernbrook Lane and
Interstate Highway 494 at 34th Avenue North, 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. Approval of the Land Use Guide Plan amendment to reclassify the
designation from LA -3 (High Medium Density Residential to I -P (Planned
Industrial) is on the basis that the Comprehensive Plan criteria are
satisfied as to this being the highest and best use of this land; and
change in the use or character of the proposed development of the
proposed I -P area will result in reconsideration.
4. Approval of the Land Use Guide Plan amendment is contingent upon and
subject to the required review and response by the Metropolitan Council,
and the Final Plan /Plat which shall be approved by the City Council prior
to finalization of the amendment.
5. The Development Contract shall be executed and the Final Plat shall be
recorded with all fees paid prior to November 1, 1991, or this resolution
will be void and the requiding will not take place. Further, there shall
be no extension of this deadline.
6. This Land Use Guide Plan amendment is based on execution of the Mixed
Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit
approved for this parcel as File 90063. Development of the parcel shall
be only consistent with the approved PUD Plan and Final Site Plans
responsive to the PUD Plan.
APPROVING MIXED PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR BERKSHIRE LANE I
LIMITED PARTNERSHIP (TRAMMELL CROW COMPANY) FOR PLYMOUTH BUSINESS CENTER 5TH
ADDITION (90063)
WHEREAS, Berkshire Lane I Limited Partnership (Trammell Crow Company) has
requested approval for a Mixed Planned Unit Development Concept Plan for
Plymouth Business Center 5th Addition for property located between Fernbrook
Lane and Interstate Highway 494 at 34th Avenue North; 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 Mixed Planned
Unit Development Concept Plan for Berkshire Lane I Limited Partnership
Trammell Crow Company) for Plymouth Business Center 5th Addition for property
located between Fernbrook Lane and Interstate Highway 494 at 34th Avenue
North, 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. A total of one density bonus point for the residential portion of the
MPUD is assigned as follows:
a. +2 for net open space in excess of 20%
b. -1 for project size (35.8 acres)
4. No private drive access shall be permitted to Fernbrook Lane; all private
drives shall be provided by internal public streets.
5. No approval is hereby granted for structure setbacks or other dimensional
standards that are related to the Zoning or Subdivision Ordinance.
6. 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.
APPROVING MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT AND CONDITIONAL
USE PERMIT FOR BERKSHIRE LANE I LIMITED PARTNERSHIP (TRAMMELL CROW COMPANY)
FOR PLYMOUTH BUSINESS CENTER 5TH ADDITION (90063)
WHEREAS, Berkshire Lane I Limited Partnership (Trammell Crow Company) has
requested approval for a Mixed Planned Unit Development Preliminary Plan /Plat
and Conditional Use Permit for Plymouth Business Center 5th Addition for 3
lots, including 18 attached dwelling units in 3 structures on 1 lot, on
approximately 35.8 gross acres located between Fernbrook Lane and Interstate
Highway 494 at 34th Avenue North; 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 Mixed Planned
Unit Development Preliminary Plan /Plat and Conditional Use Permit for
Berkshire Lane I Limited Partnership (Trammell Crow Company) for Plymouth
Business Center 5th Addition for 3 lots, including 18 attached dwelling units
in 3 structures on 1 lot, located between Fernbrook Lane and Interstate
Highway 494 at 34th Avenue North, 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
water and sewer.
4. Street names shall comply with the City Street Naming System.
5. Compliance with Policy Resolution No. 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. Park dedication requirements shall be met through payment of fees in lieu
consistent with the Park Dedication Policy and fees in effect at the time
of Building Permit issuance with credit for construction of the public
trail and bridge parallel and across Plymouth Creek concurrent with
development of the first lot within the plat.
8. The approved Development Contract shall be fully executed prior to
release of the Final Plat for filing at Hennepin County.
9. Final Site Plans for Lot 1, Block 2 and Lot 2, Block 2 shall specifically
address tree preservation and visual transition to adjoining residential
parcels.
10. A Conditional Use Permit application for any anticipated Flood Plain
modifications shall be submitted with the initial Final Plan /Plat
application. The information shall respond to provisions of Section 6 of
the Zoning Ordinance.
CITY OF PLYMOUTH
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
BETWEEN FERNBROOK LANE AND INTERSTATE HIGHWAY 494 AT 34TH AVENUE NORTH AS R -3
MEDIUM DENSITY MULTIPLE RESIDENCE) DISTRICT AND I -1 (PLANNED INDUSTRIAL)
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 -3 (Medium Denisty Multiple
Residence) District and I -1 (Planned Industrial) 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. 90063.
Section 3. Effective Date. This Ordinance shall take effect upon filing
the Final Plat with Hennepin County and upon its passage and publication.
Adopted by the City Council
ATTEST
City Clerk
File 90063
day of .
Mayor
SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR TRAMMELL CROW COMPANY (90063)
WHEREAS, the City Council has approved an Ordinance rezoning certain land
located between Fernbrook Lane and Interstate Highway 494 at 34th Avenue North
from FRD (Future Restricted Development) District to R -3 (Medium Density
Multiple Residence) District and I -1 (Planned Industrial) District in
conjunction with approval of the Preliminary Plat for Trammell Crow Company;
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
Trammell Crow Company to be filed with Hennepin County prior to the
publication of said Ordinance.
DATE:
FILE NO.:
PETITIONER:
PRELIMINARY PLAT:
LOCATION:
ASSESSMENT RECORDS:
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
October 4, 1990
90063
Mr. John Griffith, Trammel Crow Company, 601 Lakeshore Parkway,
200, Minnetonka, MN 55343
PLYMOUTH BUSINESS CENTER 5TH ADDITION
East of Fernbrook Lane, north of 34th Avenue, west of Highway 494.
N/A Yes No
1. 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 shoran 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: WA termain area based on 1.34 acres x $790 an acres
92,638.60 which is the difference between the commercial and
residential rate.
5. Other additional assessments estimated: None.
N/A Yes No
6. _ _ —2L 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.
The final plat shall have a drainage easement for the creek to the
100 year elevation and to the 100 year elevation for Ponds A & B.
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.
The developer has petitioned the City to vacate a portion of the
existing Annapolis Lane street easement that will be out of the
proposed platted right -of -way for Annapolis Lane,
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
2L MnDOT
Hennepin County
X MPCA
X_ State Health Department
X Bassett Creek
Minnehaha Creek
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.
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 -
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 Item 18.
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. There
is an existing 16" watermain in 34th Avenue, The 12" watermain
proposed in Annapolis Lane shall be connected to this main. All
tervire shall be from the 16" main.
18. 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 has petitioned the City to construct Annapolis Lane
34th Avenue and the necessary utilities to serve the plat.
19. _ _ X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
The minimum basement elevation shall be 2 feet above the 100 year
elevation of the creek and Ponds A & B.
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 -
N/A Yes No
22. _ X It will be necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right -of -way. All water connections shall be via
wettan.
23. _ _ X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted to
the City's Consulting Engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan. All
of their recommendations shall be incorporated in a revised plan.
The grading and drainage plan shall also indicate proposed methods of
erosion control, including the placement of silt fence in strategic
locations. Additionally, the following revisions will be necessary:
Shall comply with all agency permits.
24. A. The Minnesota State Highway Department will require ponding computations to
prove rate of flow has not increased to the I -494 crossing of Plymouth Creek.
MnDOT does not count storage below the outlot elevation, 936.0, as shown on the
plat. They will require that ponding shall control the rate of runoff and
mitigate for fill at the creek crossing. They will need computations for the
15 inch outlot to right -of -way north of Plymouth Creek. A drainage permit will
be required from MnDOT.
B. A trail easement 30 feet wide will be required along the proposed alignment of
the trail adjacent to the creek.
C. The public improvement project for street and utilities shall be ordered by the
City Council prior to a Final Plat being approved.
D. The trail plan shall be revised at Fernbrook Lane. The trail will be routed
through the existing underpass.
Submitted by: - JAZ --L-: I
Daniel L. Faulkner, P.E.
City Engineer
5 -
LINDA H. FISHER
August 30, 1990
r,4
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAFFRAY TOWER
7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET
BLOOMINGTON, MINNESOTA 55431 MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 16121 835 -3800 TELEPHONE 16121 338-6610
FAX 16121 896 -3333 FAX 16121 336-9760
NORTH SUBURBAN OFFICE
8990 SPRINGBROOK DRIVE, SUITE 2SO
COON RAPIDS, MINNESOTA 55433
TELEPHONE 16121786-7117
FAX 16121786-6711
Mr. Chuck Dillerud
Community Development Coordinator
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Berkshire Lane I Limited Partnership
Trammell Crow Company) - Submission of
Revised Plans for Expansion of Plymouth
Business Center - Our file 10,095 -16
Dear Chuck:
goo (o3
REPLY TO BLOOMINGTON
NUMB
SEP 12 3990
C1TY" 05: i.JTH
h'- MUtdiTy V "VELOPMiEN7 DEPt
This letter accompanies technical plan revisions submitted by
Berkshire Lane I Limited Partnership's (Berkshire) consultants in
response to DRC comments on the expansion of Plymouth Business Center
the Project) generally located between Fernbrook Lane and I -494 north
of 34th Avenue North and south of 35th Avenue North. From a
conceptual standpoint, the most significant plan revisions are as
follows:
1. Consistent with DRC comments and input from neighbors at an
August 1 neighborhood meeting, the originally proposed access to
35th Avenue North from the multifamily area west of Annapolis Lane
has been eliminated. The revised plans now show one access point
to Annapolis Lane from the multifamily area.
2. The boundary of the proposed LA -3 /IP guiding line west of
Annapolis Lane has shifted to the south in response to staff
comments. The multifamily lot has been increased to approximately
6.9 acres and the industrial lot west of Annapolis Lane has been
decreased to approximately 7.5 acres.
3. The number of multifamily units has been increased from 20 to
30 consistent with the increase in size of the proposed
multifamily lot west of Annapolis Lane.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Letter to Chuck Dillerud
August 30, 1990
Page 2
4. The proposed tree preservation area west of Annapolis Lane has
been substantially increased in response to DRC comments. This
has been accomplished by the following:
Reduction in the size of the industrial building proposed
west of Annapolis Lane from 87,000 square feet to 70,000
square feet.
Reconfiguration of the proposed industrial building (depth
of building shortened and narrowed).
The distance between the property line of the southern most
residential lot abutting Fernbrook Lane and the proposed
industrial driveway has been increased from 30 feet to 200
feet as a result of the reduced building size and
reconfiguration.
The above - described plan revisions meet all applicable zoning
ordinance requirements. Engineering drawings submitted by Hansen
Thorp Pellinen & Olson respond to technical comments made by the DRC.
For further information concerning plan changes, please feel free to
consult Manos Ginis or Steve Pellinen.
Consistent with our previous discussion, we are also submitting the
updated registered property abstract and abstract of title for the
project site.
As we discussed today, on Monday, August 20, we met with John Stine,
DNR Regional Hydrologist to discuss the DNR's July 26, 1990
correspondence to the City commenting on the June 22, 1990 PUD plans.
After review of the originally proposed plans, as well as the proposed
plan modifications, Mr. Stine advised that he did not anticipate any
major problems in obtaining DNR approval of the PUD concept plan and
preliminary stage plan. He further advised that during the early part
of the September he would be providing us a letter clarifying the
DNR's position on the proposed PUD plan. He indicated that he would
be happy to discuss DNR review of the plans with you at your earliest
convenience.
As you know, I will be out of town from August 23 through September 1.
I look forward to meeting with you and the DRC on September 6, at
1
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Letter to Chuck Dillerud
August 30, 1990
Page 3
10:15 a.m. to review the August 30 submittal. If you have any
questions during my absence, please feel free to call John Griffith
directly.
Sincerely,
Linda H. Fisher, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
mj
Encls.
cc: John Griffith
Manos Ginis
Steve Pellinen
Gene Ernst
George Lang
John Stine (DNR, Warner Road Ofc)
JAMES P. LARKIN
ROBERT L. HOFFMAN
JACK F. DALY
D. KENNETH LINDGREN
WENDELL R. ANDERSON
GERALD H. FRIEDELL
ALLAN E. MULLIGAN
ROBERT J. N ENNESSEY
JAMES C. ERICKSON
EDWARD J. ORI SCOLL
OENE N. FULLER
DAVID C.SELLERGREN
RICHARD J. KEENAN
JOHN D. FULL ER
ROBERT E. BOYLE
FRANK 1. HARVEY
CHARLES S_ MODELL
CHRISTOPHER J. DIETZEN
JOHN R. BEATTIE
LINDA N. FISHER
THOMAS P. STOLTMAN
STEVEN O. LEVIN
MICHAEL C. JACKMAN
JOHN E. DIEHL
JON S. SWIERZEWSKI
THOMAS J. FLYNN
JAMES P. OUINN
TODD I. FREEMAN
STEPHEN B. SOLOMON
PETER K. BECK
JEROME H. KAHNKE
SHERRILL R. OMAN
GERALD L. BECK
JON B. LUNDOUIST
DAYLE NOLAN-
THOMAS B. HUMPHREY, JR.
MICHAEL T. MCKIM
CHARLES R. WEAVERHERMANLWE-AVER
VINCENT G. ELLA
ANDREW J. MITCHELL
July 19, 1990
LARKIN, HOFFMAN, DALY LINDGREN, LTD.
ATTORNEYS AT LAW
1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAFFRAY TOWER
7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET
BLOOMINGTON, MINNESOTA 55431 MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 16121 835-3800 TELEPHONE (6121 338-6610
FAX (6121 896-3333 FAX 16121336-9760
NORTH SUBURBAN OFFICE
8990 SPRINGBROOK DRIVE, SUITE 250
COON RAPIDS, MINNESOTA 55433
TELEPHONE 116121786-7117
FAX (612) 786 -6711
Reply to Bloomington
Mr. Chuck Dillerud
Community Development Coordinator eT .
City of Plymouth
0'.`.
3400 Plymouth Boulevard "'` "'`'' €` ""i REi•
Plymouth, Minnesota 55447
JOHN A. COTTER'
BEATRICE A. ROTHW EILER
PAUL B. PLUNKETT
ALAN L. KILDOW
KATHLEEN M. PICOTTE NEWMAN
MICHAEL S. LE BARON
FRANCIS E. GI BERSON
AMY DARR GRADY
CATHERINE BARNETT WILSON'
JEFFREY C. ANDERSON
DANIEL L. BOWLES
TODD M. VLATKOVICH
TIMOTHY L MCMANUS
GREGORY E. KORSTAO
LISA A. GRAY
GARY A. RENNEKE
THOMAS H. WEAVER
SHANNON K. MCCAMBRIOGE
DENISE M. NORTON
GARY A. VAN CLEVE
MICHAEL B. BRAMAN
GAYLEN L. KNACK
JULIE A. WRASE
CHRISTOPHER J. MARRISTHAL
SHARON LBRf NNA
MARIKAY CANADA LITZAU
TIMOTHY J. KEANE
WILLIAM C. GRIFFITH, JR.
TM EODORE A. MONDALE
JOHN J. STEFFENHAGEN
DANIEL W. VOSS
MARK A. RURIK
JOHN R. HILL
JAMES K. MARTIN
STEVEN P. KATKOV
THOMAS J. SEYMOUR
OF COUNSELJOSEPHGITIS
RICHARD A. NORDBYE
DAVID J. PEAT
ALSO ADMITTED IN
WISCONSIN
Re: Berkshire Lane I Limited Partnership (Trammell Crow Company) -
Response to July 3, 1990, Plymouth Development Review Committee
DRC) Comments -- Our File No. 10,095 -16
Dear Chuck:
This letter accompanies revised plans submitted by Berkshire Lane I
Limited Partnership's (Berkshire) consultants in response to comments
made by the DRC at its July 3 meeting on the expansion of Plymouth
Business Center (the Project) generally located between Fernbrook Lane
and I -494, north of 34th Avenue North, and south of of 35th Avenue
North. The most significant modification to the proposal involves a
change in the actions requested from the City. Based on discussion at
the July 3 DRC, Berkshire has decided to continue its pending petition
for construction of Annapolis Lane as a public improvement project.
It is our understanding that the final zoning and subdivision portions
of Berkshire's June 22 application (the Application) cannot be
processed until the City Council approves the preliminary plat and
orders the public improvement project. Therefore, Berkshire is
requesting the withdrawal of the following components of the
Application:
1. PUD Final Stage Plan.
2. Site Plan with Variance.
3. Final Plat.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
July 19, 1990
Page 2
4. Conditional Use Permit for floodplain fill for Annapolis Lane and
to allow up to 100 percent office occupancy for the two office -
warehouse facilities originally included in the PUD Final Stage
Plan, Final Plat, and Site Plan components of the Application.
Berkshire is still requesting City approval of the following
components of the Application:
1. Land Use Guide Plan Amendment.
2. Rezoning.
3. PUD Concept Plan.
4. PUD Preliminary Stage Plan.
5. Preliminary Plat.
One of the questions raised at the DRC was the possible applicability
of the mandatory EAW category for stream diversion. Part 4410.4300,
subp. 26, of the EQB Rules requires preparation of an EAW for
diversion or channelization of a natural watercourse with a total
watershed of ten or more square miles, or a designated trout
stream . . . ." On July 11, 1990, we met with John Stine, DNR Metro
Region Hydrologist to review development plans for the Project. He
advised that the stream diversion EAW category was added to the rules
at the DNR's request. In his opinion, the proposed Project does not
meet the letter or intent of the stream diversion EAW threshold. This
is because we are not channelizing the watercourse or removing
meandering loops, and because the proposed pond improvements do not
involve taking a watercourse which runs from point A to point B and
diverting it to point C. John Stine volunteered that he would be
willing to confirm his agency's interpretation of the EQB rules with
City staff. In addition, consultations with Len Kremer, consulting
engineer to the Bassett Creek Water Management Organization (Bassett
Creek) indicate that the drainage area of Plymouth Creek at this
location is significantly less than ten square miles.
A second question that arose at the July 3 DRC meeting involved the
proposed direct discharge of storm water runoff to Plymouth Creek and
the question of compliance with new water quality guidelines proposed
to be adopted by Bassett Creek. On July 13, 1990, we met with Len
Kremer to review Project development plans. Len confirmed that
Bassett Creek will soon adopt new water quality guidelines (the
Bassett Creek Guidelines) mandating dead storage volumes for a ten -
year event on all sites within the watershed. He also confirmed that
the Project generally complies with the Bassett Creek Guidelines in
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
July 19, 1990
Page 3
terms of providing on -site ponding. He advised that we had enough
open space on the Phase I site to meet the ponding requirements
contained in the Bassett Creek Guidelines and that the buildings need
not be down -sized or relocated to conform to Bassett Creek standards.
Mr. Kremer did make certain recommendations regarding reconfiguration
of the proposed on -site pond to technically comply with proposed water
quality standards. Detailed grading, drainage, and erosion control
plans submitted with the future PUD Final Stage Plan, Site Plan, and
Conditional Use Permit application will address Bassett Creek
comments.
Consultations with John Stine also confirmed that the Project
generally complies with DNR floodplain and public waters permit
requirements. Mr. Stine made certain recommendations regarding pre-
treatment methods for sedimentation and minimization of direct
discharge points to the creek. We also generally discussed future
plans for a culverted crossing of Annapolis Lane. At the time of
submission of PUD Final Stage Plan, Site Plan, and Final Plat
applications to the City, Phase I grading, drainage, and erosion
control plans will be revised to incorporate DNR recommendations. DNR
public waters permits will also be requested by Berkshire for creation
of the impoundment for on -site ponding, storm sewer discharge to
Plymouth Creek, and, by the City or Berkshire, for the culverted
crossing of Annapolis Lane. The DNR will also comment on detailed
plans and calculations for floodplain fill for Annapolis Lane.
For your information, we have also initiated contact with the Corps of
Engineers concerning the Project. Subject to confirmation by the
Corps, it is our understanding that the Project will qualify for one
or more nationwide Section 404 permits. This, too, will be confirmed
prior to application for Phase I PUD Final Stage Plan, Site Plan,
Final Plat, and Conditional Use Permits.
In response to DRC comments and consistent with the existing LA -3
guiding, the number of multifamily units proposed for the lot
immediately west of Annapolis Lane has been reduced from 54 to 28.
Berkshire is continuing, however, to show access to the future
multifamily area from 35th Avenue North, rather than from Annapolis
Lane. From a planning standpoint, the applicant believes it is
preferable to separate industrial and residential traffic. only three
single family, duplex, or townhomes are served by 35th Avenue North.
The bulk of the northerly adjacent residential area is served by 36th
Avenue North, which is not proposed to connect to the Plymouth
Business Center PUD. Berkshire believes that the separation of
industrial and residential traffic is one of the overall reasons for
supporting its proposed reguiding request, as discussed in greater
detail in our June 29 narrative.
LARKIN, HOFFMAN, DAILY & LINDGREN, LTD.
Mr. Chuck Dillerud
July 19, 1990
Page 4
Berkshire has also continued to show the existing guiding of all of
the property located east of Annapolis Lane as IP. This is consistent
with Berkshire's meetings with City staff and review of the history of
the existing land use guide plan classification which indicate that
future Annapolis Lane was intended to be the dividing line between IP
use on the east and LA -3 use on the west. (For further details, see
pages 5 -8 of our June 29 narrative.)
Consistent with adopted City policy, the applicant is submitting a
tree survey showing existing softwood deciduous trees over 12 inches
in diameter and existing hardwood deciduous trees over 18 inches in
diameter. As described in greater detail in our June 29 narrative,
Berkshire believes that the proposed Project is sensitive to the
natural resources on the project site. Meetings with resource agency
staffs indicate that, from a conceptual standpoint, the proposal is
generally consistent with applicable water storage, water quality,
erosion control, floodplain management, and public waters criteria.
Final grading, drainage, and erosion control plans will be fine -tuned
to incorporate recommendations made by City and resource agency
staffs, as appropriate. A large Plymouth Creek preservation area is
shown in the extreme southeast corner of the Phase I Site, as defined
in the June 29 narrative. Less than one -half of the allowable
building coverage is proposed for the Phase I Site. Existing woodland
vegetation between Plymouth Creek and future Annapolis Lane will be
undisturbed by the proposed Project. Much of the existing woodland
vegetation between the developed residential area north of 35th Avenue
North, and the future industrial land use proposed for the Reguided
Site, as defined in the June 29 narrative, will be preserved.
Existing woodland vegetation between the property and the three
existing homes fronting on Fernbrook Avenue will also be undisturbed
by the Project. Screening and buffering, as illustrated on the
originally submitted site sections, are also incorporated in Project
plans. The presently configured Reguided Site consists of
approximately 11 acres. Under the existing guiding, approximately 100
to 110 units can be. developed on this property. Under the existing
guiding, there is no guarantee that the Reguided Site will be
developed by the developer of the Phase I Site or that an overall PUD
plan, affording the City a greater degree of control over the project,
will be offered. Although it can be argued that some types of medium
density land use may afford greater flexibility in preserving natural
site features, there is no guarantee that such a plan will be proposed
by or can be required from the ultimate developer of the Reguided
Site. Berkshire believes that its proposal is reasonable for all of
the reasons set forth in the June 29 narrative. Final site plans for
the Reguided Site will, of course, be fine -tuned to maximize
preservation of woodland vegetation as generally illustrated on the
PUD Concept Plan.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
July 19, 1990
Page 5
At the July 3 DRC meeting, a number of technical revisions were
suggested to the preliminary plat, including elimination of the center
access point from Lot 1, Block 1 to Annapolis Lane. All of these
suggested modifications, with the exception of the above - described
access to the future multifamily residential lot, have been
incorporated in the revised development plans.
Conceptual landscape plans have been signed and disturbed areas are
now proposed to be sodded, rather than seeded. The applicant proposes
to address technical city planting and screening policies at the time
of submittal of final site plans for the Project.
Based on our discussion with City staff, it is our understanding that
the revised Project plans will be considered by the DRC on July 24 at
3:00 p.m. If you have any questions before that time, please feel
free to call me.
Sincerely,
Linda H. Fisher, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
cc: Mr. John Griffith
Mr. Manos Ginis
Mr. Steve Pellinen
Mr. Gene Ernst
LHF:BI4
JAMES P.. HOFFROBERTL. NOFFMAN LARKIN, HoFFMAN, DALY & LiNDGREN LTD.
JACK F. DALY
D. KENNETH LINDGREN
WENDELL R. ANDERSON ATTORNEYS AT LAW
GERALD H. FRIEDELL
ALLAN E. MULLIGAN
ROBERT J. MEN NESSEY
JAMES C. ERICKSON 1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAFFRAY TOWER
EDWARD J. DRISCOLL
JAMES P. MILEY 7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET
GENE N. FULLER
DAVID C. SELLERGREN BLOOMINGTON, MINNESOTA 55431 MINNEAPOLIS, MINNESOTA 55402
RICHARD J. KEENAN
JOHN D. FULL M ER TELEPHONE 16121 835-3800 TELEPHONE 16121 338-6610
ROBERT C. BOYLE
FRANK 1. HARVEY
CHARLES S. MODELL
FAX 16121 896-3333 FAX 16121 336-9760
CHRISTOPHER J. DIETZEN
JOHN R. BEATTIE
LINDA H. FISHER NORTH SUBURBAN OFFICE
THOMAS P. STOLTMAN
STEVEN G. LEVIN 8990 SPRINGBROOK DRIVE, SUITE 250
FORREST D. NOWLIN
MICHAEL C. JACKMAN COON RAPIDS, MINNESOTA 55433
JOHN E. DIEHL
JON S. SWIERZEWSKI
THOMAS J. FLYNN
TELEPHONE 16121786-7117
JAMES P. GUINN
TO 1. FREEMAN
FAX (6121 786-6711
STEPHEN B. SOLOMON
PETER K. BECK
JEROME N. KAHNKE
SHERRILL OMAN KURETICH
GERALD L BECK
JON B. LUNDOUIST
DAYLE NOLAN•
THOMAS S. HUMPHREY, JR.
Reply to Bloomington
June 29, 1990
MRSTH
Mr. Chuck Dillerud JUN 29 1990
Community Development Coordinator
City of Plymouth CITY OF PLYMOUTH
3400 Plymouth Boulevard COMMUNITY DEVELOPMENT DEPT.
Plymouth, Minnesota 55447
004 3
DAVID J. PEAT
MICHAEL T. MCKIM
CH^ LES R. WEAVER
HERMAN L. TALLE
VINCENT G. ELLA
ANDREW J. MITCN ELL
JON A. COTTER
BEATRICE A. ROTHWEILER
PAUL B. PLUNKETT
ALAN L. KILDOW
KATHLEEN M. PICOTTE NEWMAN
MICHAEL B. LE BARON
FRANCIS E. GIBERSON
TRACY R. EICHHORN-HICKS^
AMY DARR GRADY
CATHERINE BARNETT WILSON-
JEFFREY C. ANDERSON
DANIEL L. BOWLES
TODD M. VLATKOVICH
TIMOTHY J. MCMANUS
GREGORY E. KORSTAO
LISA A. GRAY
GARY A. RENNEKE
THOMAS H. WEAVER
SHANNON K. MCCAMBRIDGE
MICHAEL S. CON EN
DENISE M. NORTON
GARY A. VAN CLEVE
MICHAEL IL BRAMAN
JOSEPH W. DICKER
JACQUELINE F. DIETZ
GAYLEN L. KNACK
ROOM D. IVES
JULIE A. WRASE
CHRISTOPHER J. HARRISTHAL
SHARON L BRENNA
MARIKAY CANAGA LITZAU
TIMOTHY J. KEANE
JON R. NORSERG
WILLIAM C. GRIFFITH
THEODORE A. MONDALE
JOHN J. STEFFEHHAGEN
DANIEL W. VOSS
OF COUNSELJOSEPHGITIS
RICHARD A. NORDBYE
MLSO ADMITTED IN
WISCONSIN
Re: Berkshire Lane I Limited Partnership (Trammell Crow Company) -
Written Narrative in Connection with Application for Approval of
Land Use Guide Plan Amendment, Rezoning, PUD Concept Plan, PUD
Preliminary Stage Plan, Preliminary Plat, PUD Final Stage Plan,
Site Plan with Variances, Final Plat, and Conditional Use Permit
for Expansion of Plymouth Business Center PUD, City of Plymouth,
Minnesota.
Our File No. 10,095 -16
Dear Chuck:
This letter - memorandum constitutes the written narrative required by
the City of Plymouth (the City) ordinances to be submitted in
connection with Berkshire Lane I Limited Partnership's (Berkshire)
application for approval of a land use guide plan amendment, rezoning,
PUD concept plan, PUD preliminary stage plan, preliminary plat, PUD
final stage plan, site plan with variances, final plat, and
conditional use permit (the foregoing is hereinafter referred to as
the Application ") for the expansion of the existing Plymouth Business
Center Planned Unit Development (the "Project "). Office- showroom and
multifamily residential uses consistent with the high quality design
standards of the adjacent Plymouth Business Center PUD are proposed.
The Project is proposed for approximately 35.8 acres of land (the
Property) generally located between Interstate 494 and Fernbrook Lane,
north and south of 35th Avenue North, and north of 34th Avenue North.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Page 2
The following more specifically describes Berkshire's request to the
City:
1. Land Use Guide Plan Amendment
to reguide the portion of the
between 35th Avenue North and
Site ") from LA -3 to IP. LA -3
transitional land use between
the north and 35th Avenue Nor,
industrial use to the south.
Berkshire is requesting the City
Property east of Fernbrook Lane
34th Avenue North (the " Reguided
guided land would remain as a
the low- density residential use to
th, and the proposed planned
2. Rezoning - Berkshire is requesting the City to rezone the portion
of the Property east of proposed Annapolis Lane from FRD to I -1
consistent with the existing IP guiding. This portion of the
Property is proposed to be platted as Lot 1, Block 1, Plymouth
Business Center Fifth Addition. Berkshire is also requesting the
City to rezone the Reguided Site west of future Annapolis Lane
from FRD to I -1 consistent with the proposed IP guiding. This
area is described as Outlot A on the proposed plat of Plymouth
Business Center Fifth Addition. Finally, Berkshire is requesting
the City to rezone the proposed multifamily residential portion of
the Property west of future Annapolis Lane from FRD to R -3
consistent with the existing LA -3 guiding. This portion of the
Property is described as Outlot B on the proposed plat of Plymouth
Business Center Fifth Addition.
3. PUD Concept Plan - Berkshire is requesting City approval of a PUD
concept plan for a mixed -use planned unit development on the
Property. See Sheet 6, General Development Plan /PUD Conceptual
Plan.
4. Pup Preliminary Stage Plan - Berkshire is requesting City approval
of a PUD preliminary stage plan for 200,678 square feet of office -
showroom use, and 18,000 square feet, or 54 units, of multifamily
residential use.
5. preliminary Plat - Berkshire is requesting City approval of the
preliminary plat of Plymouth Business Center Fifth Addition. The
preliminary plat consists of one platted lot, Lot 1, Block 1, east
of Annapolis Lane, on which the first phase is proposed to be
constructed, (the "Phase 1 Site ") and two outlots, Outlot A and
Outlot B, west of Annapolis Lane, on which the second phase
office - showroom use and the third phase multifamily residential
use, respectively, will be built.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Page 3
6. PitD Final Stage Plan - Berkshire is requesting City approval of a
PUD final stage plan for 113,678 square feet of office - showroom
use in two buildings on the Phase 1 Site.
7. Site Plan with Variances - As a companion application to the PUD
final stage plan, Berkshire is requesting City approval of a site
plan with variances for 113,678 square feet of office - showroom use
on the Phase 1 Site. As described in greater detail in this
letter- memorandum, the PUD final stage plan and site plan requests
require approval of variances for a snowmobile easement and a rear
yard parking setback from Interstate 494.
8. Final Plat - As a companion application to the PUD final stage
plan and site plan with variances, Berkshire is requesting City
approval of the final plat of Plymouth Business Center Fifth
Addition. As described in the June 22, 1990, letter of Hansen
Thorp Pellinen Olson, Inc., to the City of Plymouth, the final
plat of Plymouth Business Center Fifth Addition is in full
compliance with the preliminary plat of the same submitted to the
City as part of the Application.
9. Conditional Use Permit - Berkshire is requesting approval of a
conditional use permit to allow placement of fill in the flood -
plain of Plymouth Creek for Annapolis Lane, and to allow the two
first phase buildings (Building A and Building B on Sheet 13), to
be occupied in the future by up to 100 percent office use.
The following consultants have been retained by the developer,
Berkshire, to provide assistance in connection with the Application:
Wilson /Jenkins and Associates, Inc.
Carlson Center
601 Lakeshore Parkway
Suite 330
Minnetonka, Minnesota 55343
612) 449 -4300
Hansen Thorp Pellinen Olson, Inc.
7565 Office Ridge Circle
Eden Prairie, Minnesota 55344 -3644
612) 829 -0700
i
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
page 4
Ernst Associates
122 West 6th Street
Chaska, Minnesota 55318
612) 448 -4094
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Northwestern Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
612) 835 -3800
This narrative report, together with the development plans submitted
in support of the Application, has been prepared taking into
consideration the following:
1. Existing characteristics of the Property, including topography and
vegetation.
2. Existing and proposed land uses in the vicinity of the Property.
3. History of existing guiding and zoning of the Property and
relationship of proposed guiding to Checklist of Items to be
Addressed by Applicants for Amendments to the Comprehensive Land
Use Guide Plan Element Map.
4. Plymouth Zoning Ordinance standards for approval of a mixed -use
PUD, including general statement of PUD concept, rationale for
exception to 40 -acre minimum area requirement, PUD attributes,
natural resources analysis, circulation analysis, densities and
distributions of various residential categories, staging, mass
grading, and transitional design.
5. The effect of the Project on the visual environment.
6. The effect.of the Project on the roadway system.
7. Plymouth Zoning Ordinance standards for development within the
floodplain overlay district and the shoreland management overlay
district, including but not limited to provision of drainage and
erosion control measures consistent with City and Bassett Creek
Water Management Organization standards.
8. Fire protection, exterior lighting, and signage.
l
LARKIN, HOFFMAN, DALY & LiNDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Page 5
Berkshire Lane I Limited Partnership, a Trammell Crow - affiliated
partnership, is the landowner of the Property. Berkshire is also the
developer of the proposed Project on the Property.
As described in the introductory paragraphs of this letter - memorandum,
and as shown on Sheet 5 of the Application, Berkshire is requesting
reguiding of a portion of the Property east of Fernbrook Lane between
35th Avenue North and 34th Avenue North (hereinbefore and hereinafter
referred to as the "Reguided Site ") from LA -3 to IP. As stated above,
LA -3 guided land would remain as a transition between the existing
northerly adjacent residential area and the proposed planned
industrial area to the south. The rationale for this proposed land
use change is as follows:
Berkshire's review of the history of the existing land use
guide plan classification of the Reguided Site indicates that
future Annapolis Lane was intended to be the dividing line
between IP use on the east and LA -3 use on the west. The
alignment of Annapolis Lane shown on the land use guide plan
is very general. Engineering staff has advised that its
ultimate location is flexible and that the primary criterion
is that it connect the developed area to the north with the
undeveloped area to the south. Annapolis Lane must be
extended through the Property prior to any additional
development.
Berkshire concurs with the City that a physical dividing line
is desirable to separate industrial and residential land
uses. It proposes, however, to substitute Plymouth Creek and
the physical terrain for the Annapolis Lane dividing line.
To the south of the creek and to the west of extended
Annapolis Lane would be IP land use. To the north of the
creek, LA -3 land use would remain. Berkshire is
contemplating development of this area for residential land
use consistent with the density and use restrictions
applicable to the current LA -3 guiding. To the east of
Annapolis Lane, the existing IP guiding would remain.
Access and traffic considerations are one of the primary
reasons for supporting the proposed reguiding.
LARKIN, HOFFMAN, DALY & LiNDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Page 6
The City does not intend to allow any additional curb
cuts along Fernbrook Lane. Therefore, if the Reguided
Site remains guided LA -3, industrial and residential
traffic would mix on extended Annapolis Lane.
Berkshire's proposal would separate the traffic for
these uses. The multifamily (LA -3 guided) area which is
proposed to be retained, would have access off 35th
Avenue North with no connection to Annapolis Lane. IP
land use east of Annapolis Lane (existing guiding) and
west of Annapolis Lane (proposed guiding) would have
access off Annapolis Lane separate and apart from
residential traffic.
At the request of Trammell Crow, the City's traffic
consultant has conducted a traffic study of the proposal
and has determined that the proposed land use guide plan
change does not have an adverse impact on area roadways.
City Traffic Study, February 81 1989).
The area surrounding the creek is heavily wooded and there is
a dramatic grade change in the vicinity of the creek,
together with a large swale. As shown on Sheet 6, General
Development Plan /PUD Concept Plan, and Sheet 10, General
Development Landscape Plan, industrial land use on the
Reguided Site is consistent with City Comprehensive Plan and
Zoning Ordinance standards regarding preservation of natural
amenities. As shown on the submitted drawings, Plymouth
Creek east of Annapolis Lane will not be disturbed by the
proposed industrial development and much of the existing
wooded area will be preserved. As illustrated on the Site
Sections (Sheet 11) of the Application, sensitive site
planning has achieved a suitable buffer between the proposed
industrial land use and the residential area to the north of
the creek and wooded area. (For further details, see
subsequent sections of this letter - memorandum.)
If the Reguided Site remains guided LA -3, Annapolis Lane
would be located as far to the west as possible, and the land
to the west of Annapolis Lane would be practically
unbuildable for its current guided use. Berkshire's proposal
maximizes the buildable area, while retaining the original
land use guide plan's intent of a physical dividing line
between residential and industrial land use in this area.
rt:
L.AI3KIN, HOFFMAN, DALY & LINDGI3EN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Page 7 -
The City has determined that there is an excess of LA -3
guided land in the community. A number of LA -3 guided
parcels were recently reguided to other land use categories.
Many of these areas involve properties of far greater size
than the Reguided Site. In addition, Tipton has developed a
large number of multifamily homes immediately to the west of
Fernbrook Lane on land currently guided LA -4. Opportunities
for diversity of housing have, therefore, been adequately
provided in this part of the City.
The Reguided Site meets locational criteria for both the
existing (LA -3) and proposed (IP) guiding.
It is possible that the Reguided Site could develop under the
current land use guide plan classification. However, there
is a valid question as to whether it will develop as soon as
it could or should under the proposed IP guiding, given
Berkshire's ownership in the Property and the fully developed
status of the northerly adjacent Plymouth Business Center.
More IP land has been absorbed during the past decade than
has been newly created. Ninety -five percent or more of
Plymouth Business Center is currently leased. Berkshire
Trammell Crow Company) is experiencing a demand for
additional industrial land in this area from existing tenants
within Plymouth Business Center who wish to expand, and from
new tenants who are not currently located in the City.
There will be no adverse impacts upon other undeveloped
property guided IP, or other developed property guided IP,
which may be subject to redevelopment or rehabilitation.
The proposal has merit beyond the interests of Berkshire in
that it gives the City the opportunity to achieve a common,
unified development by extending the high - quality Plymouth
Business Center PUD to the south. The proposal also
satisfies City concerns for a suitable dividing line and
transition between the residential area to the north and the
industrial area to the south and east. The submitted PUD
General Development Plan and Conceptual Development Plan
demonstrate that industrial land use on the Reguided Site can
be sensitive to the natural terrain, to the existing
vegetation, and to Plymouth Creek.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Paae 8
Public utilities are available to the Reguided Site and are
adequate to serve the Property if developed under the
proposed land use guide plan classification. S= attached
letter from Berkshire's engineering consultant.
The proposed land use guide plan change will not adversely
impact other Comprehensive Plan elements. The traffic study
of the proposed industrial use on the Reguided Site, which
assumed a slightly greater square footage than shown on the
submitted Application, was completed by the City's consultant
in early 1989. As described in preceding and subsequent
sections of this letter - memorandum, it demonstrates that the
requested land use guide plan change does not have a
significant impact on the roadway system in comparison to the
previous 1985 proposal for the Property which assumed
development of the Reguided Site under the existing LA -3
guiding.
The impact of the proposed land use guide plan change upon
area utility charges, current and future special assessments,
current and future property tax assessments, and per capita -
based municipal aids is expected to be minimal.
As shown on Sheets 2 and 5 of the Application, there are currently
several land use guide plan classifications within the greater
vicinity of the Property. The existing Plymouth Business Center PUD
lies to the northeast of the Property on land guided IP and zoned
MPUD. A developed residential area lies to the north of 35th Avenue
North on land guided and zoned for residential use. Three single -
family residences are located between the Property and Fernbrook Lane.
Berkshire approached the owners of these residences regarding
acquisition of their properties, but was unable to reach agreement
with them on a sale price. These homes, which have frontage on
Fernbrook Lane, are guided LA -3 and zoned FRD. As shown on Sheet 2
and Sheets 6 and 10 of the Application, they are separated from the
Property by a densely wooded area which will not be disturbed by the
proposed Project on the Property. Across Fernbrook Lane to the west
is a developed residential area guided LA -4 and zoned RPUD. To the
south of the Property is undeveloped land guided CL and zoned B -1.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
P.aae 9
1. Rationale for Waiver of 40 -Acre Minimum Area Requirement - As
described throughout this letter - memorandum, the Project is
proposed to be developed as a mixed -use planned unit development
under Section 9(B) of the Plymouth Zoning Ordinance. The land
area of the Property is less than the 40 -acre minimum required by
the Zoning Ordinance (as shown on Sheet 3, the Property consists
of 35.8 acres). Berkshire believes that the minimum area
requirement should be waived because both of the conditions
described in Section 9(B)(3)(a)(1) of the Zoning Ordinance as
justification for such waiver exist. First, the Property includes
Plymouth Creek and a wooded ravine between 35th Avenue North and
34th Avenue North. The PUD provides the flexibility necessary to
preserve and enhance natural site characteristics. Second, the
Project is an expansion of the northerly adjacent Plymouth
Business Center MPUD. Development of the Property as a MPUD
consistent with the high quality design standards of the existing
Plymouth Business Center PUD will contribute to the amenities of
the neighborhood.
Under conventional development techniques, the 35.8 -acre Property
could potentially be developed by several property owners for a
variety of land uses consistent with applicable Comprehensive Plan
and Zoning Ordinance requirements. The PUD allows for a common
and unified development with complementary architecture, exterior
materials, lighting, and signage. The PUD provides the
opportunity for greater design flexibility, more cohesive
planning, and the potential for a much higher quality development
for the entire Property. The PUD process also enables the City to
be more actively involved in monitoring the planning process for
the Property.
2. PUD Attributes (Zoning Ordinance, Section 9(B)(1)(c))_ - The
Project meets the PUD attributes as follows:
The proposed mixed -use planned development integrates
industrial and multifamily transitional land uses in one
unified complex. This multi -use concept is similar to urban
multi -use projects, but at a suburban scale and quality.
r+,
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Pane 10
9 ! ! • • ! - •
1 ! VP
0 !e • • -0. ! • • !!'•
As described in the introductory paragraphs of this letter -
memorandum, Berkshire has retained an architect, a surveyor,
and civil engineer, and a landscape architect with the
expertise necessary to formulate a common and integrated
development sensitive to natural site characteristics and the
surrounding area. Architecture and exterior materials will
be complementary. A General Development Landscape Plan
establishing an overall planting theme has been provided.
Exterior lighting and signage on each parcel will be
consistent with General Development Plan standards.
c) More efficient and effective use of streets, utilities, and
public facilities to yield high quality development at a
lesser cost.
The PUD provides for construction of Annapolis Lane from its
terminus at the southerly property line of the existing
Plymouth Business Center PUD, to 34th Avenue, and thence to
Fernbrook Lane. This roadway connection will provide a
secondary outlet for the existing industrial uses in the
vicinity of the Property and is expected to improve traffic
operations at County Road 9. Water, sanitary sewer, and
storm sewer facilities required for the Project will be
developed in a unified, cost - effective, and efficient manner.
d) More usable and suitably located recreation facilities and
other public and common facilities than would otherwise be
provided under conventional land development procedures.
The Project includes substantial open space, particularly
adjacent to Plymouth Creek between Interstate 494 and
Annapolis Lane, and between 35th Avenue North, and the
industrial land use proposed on the Reguided Site west of
Annapolis Lane. Public hiking, biking, and ski trails are
shown on the Property consistent with the City Comprehensive
Plan. A snowmobile trail easement is provided along the
Interstate 494 frontage. Future detailed site plans for the
transitional multifamily residential area will include
appropriate open space and passive recreation components.
LABKIN, HOFFMAN, DALY & LINDGI3EN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Paae 11
As described throughout this letter - memorandum, considerable
attention has been paid to protection of significant natural
amenities on the site, including Plymouth Creek and the
wooded area adjacent to the creek. Refer to Sheets 6, 10,
and 11 for further details. See also the Natural Resources
Analysis in the subsequent section of this letter - memorandum.
3. Staging and Sequence Schedule - As shown on Sheet 6 of the
Application, Phase I consists of 113,678 square feet of office -
showroom use to be developed in two buildings on Lot 1, Block 1 of
Plymouth Business Center Fifth Addition. Phase II will be the
future 87,000 square foot office - showroom building on Outlot A.
Phase III will be 54 low -rise apartments on Outlot B.
4. Financial Capabilities of Proposed Developer - Berkshire is a
Trammell Crow - affiliated partnership. Trammell Crow has developed
the northerly adjacent Plymouth Business Center, One Carlson
Parkway, and Carlson Tech Center in Plymouth. It has the
financial capabilities to develop the Property consistent with the
submitted PUD development plans.
1. Natural Resource Analysis - As shown on Sheet 2 of the
Application, Plymouth Creek traverses the Property from the
northwest to the southeast corner of the site. The Property
includes woodland vegetation located primarily to the south and
west of Plymouth Creek. Woodland vegetation also extends west of
the Property on the three residential lots situated between the
Property and Fernbrook Lane. The Property is located within the
floodplain management overlay district and the shoreland
management overlay district. For shoreland management purposes,
Plymouth Creek is classified by the Zoning Ordinance as a General
Development Water.
Existing site topography is shown on Sheet 3 of the Application.
The high point of the Property (el. 980) is generally located in
the north - central portion of the site immediately south of the
existing residential area. Elevations in the 937 to 946 range are
found in the vicinity of Plymouth Creek. Elevations on the
Phase I Site range from 968 to 936.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Page 12
Soil borings on the Phase I Site indicate that the predominant
soils on the Property are glacial till deposits which include
silty sand, clayey silt, and silty clay. The estimated depth to
groundwater ranges from 5 to 10 feet below the existing surface.
As shown on Sheets 6, 10, and 11 of the Application, the Project
preserves and enhances natural site characteristics. A Plymouth
Creek preservation area is shown in the extreme southeast corner
of the Phase I Site. Existing woodland vegetation between
Plymouth Creek and future Annapolis Lane will be undisturbed by
the proposed Project. Much of the existing woodland vegetation
between the developed residential area north of 35th Avenue North,
and the future industrial land use proposed for the Reguided Site
will be preserved. Existing woodland vegetation between the
Property and the three existing homes fronting on Fernbrook Avenue
will also be undisturbed by the Project. As shown on Sheet 10,
General Development Landscape Plan, coniferous trees (six foot
high minimum) will ring the westerly and northerly perimeter of
the Reguided Site to visually separate the industrial building
from the neighboring residential uses. Evergreen trees and
deciduous shrubs are also proposed at the intersection of 34th
Avenue North and Fernbrook Lane. Existing woodland vegetation on
the extreme southwest corner of the Phase III multifamily site
Outlot B) will also be preserved. Coniferous plantings are
proposed along the northerly property line of Outlot B to separate
the future multifamily residential uses from the northerly
adjacent single - family and townhome uses. Selected areas of
coniferous plantings are also shown along Annapolis Lane, together
with a variety of shade tree plantings, such as pin oak,
hackberry, red maple, and linden.
Site sections have been prepared from 3430 Fernbrook Lane
Section A) and 14110 35th Avenue North (Section B) to the future
industrial building on the Reguided Site to illustrate buffering
achieved by a combination of distance, grade changes, existing
preserved trees, and new proposed coniferous plantings. The site
sections, which are depicted on Sheet 11 of the Application, also
compare the views of the proposed office - showroom facility on the
Reguided Site to the views of a three -story apartment building
developed under the existing LA -3 guiding. Section A, 3430
Fernbrook Lane, shows that the parking and loading area will not
be visible from the existing single - family residence due to the
dense wooded vegetation located on the residential lot, new
coniferous plantings proposed within the setback line, and the
proposed grade change illustrated on the section. The proposed
LARKIN, HOFFMAN, DALY & LiNDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Page 13
office - showroom facility will also be substantially screened from
residential view. The distance from the residence at 3430
Fernbrook Lane to the Property line is 88 feet. The distance from
the residence to the proposed office - showroom facility is 233
feet. Section B illustrates the buffering achieved from 14110
35th Avenue North. It shows that the proposed parking area and
office - showroom building will be substantially screened from this
residence's view. Proposed exterior lighting on the Reguided Site
will also be screened from their view. The distance from the
residence at 14110 35th Avenue North to the Property line is 108
feet, and the distance from the home to the office - showroom
facility on the Reguided Site is 488 feet.
The Project complies with special protection requirements
applicable to the floodplain and shoreland management overlay
districts. No variances from special protection district
standards are required for the Project. Some fill in the Plymouth
Creek floodplain is required for construction of Annapolis Lane,
as described in a subsequent section of this letter - memorandum.
All applicable technical engineering requirements for placement of
this fill will be met.
The Property is served by Fernbrook Lane, a major collector
street, 34th Avenue North, a minor collector street, and Annapolis
Lane, a local commercial street. Consistent with historic City
land use policy, no access is proposed from the industrial use on
the Reguided Site to Fernbrook Lane. As described in greater
detail in preceding sections of this letter - memorandum, the
proposed reguiding separates residential and commercial traffic
along Annapolis Lane. The multifamily transitional area on the
LA -3 guided site will have access to 35th Avenue North only. No
curb cuts will be provided to Annapolis Lane from this site. A
1989 City traffic study indicates that the land uses proposed for
the Property will not significantly impact the roadway system.
Certain traffic improvements recommended in the City traffic study
may, however, need to be constructed at different stages of the
overall development.
Consistent with the City Comprehensive Plan, pedestrian
circulation is provided in a public hiking, biking, and skiing
trail which traverses the Property in a northwesterly to
southeasterly direction. A snowmobile trail easement is also
shown along the Interstate 494 frontage.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Pane 14
Zoning Ordinance, Section 9(B)(4_)(i) - The multifamily residential
land use proposed for Outlot B meets Zoning Ordinance transition
design requirements. Elements of the transition design shown on
Sheet 10, General Development Landscape Plan, include existing
topography and mature trees on some of the residential lots
bordering Outlot B, new coniferous plantings or Outlot B, such as
Colorado spruce, Austrian pine, Norway pine, and Black Bills
spruce, and spatial buffering through yard setbacks and open
space. As a result of the foregoing, the perception of the future
low -rise apartments on Outlot B from the northerly perimeter is
generally that of a one- or two -story roof line.
As shown on the PUD final stage plan and Phase I site plan
Sheet 13 of the Application), the first phase of the Project
consists of 113,678 square feet of office - showroom use in two
buildings. Building A is a 75,436 square foot building with a 50
percent office and 50 percent warehouse mix. Building B is a
38,242 square foot building with an 80 percent office and 20
percent warehouse mix.
The visual environment has been carefully considered in
formulation of development plans for Phase I. Buildings A and B
will be constructed predominantly of earth -tone brick with three
colors of earth -tone brick accent striping. Dockside materials
will include stained split -face concrete block to coordinate with
the brick. Tinted insulated glass set in aluminum frames will
also be utilized. Roof lines are stepped in certain locations to
create architectural interest. Roof -top mechanical equipment will
be set back a minimum of 20 feet from all building edges and will
be painted to match the building. Outside storage will be
prohibited. Trash collection will be confined within the interior
of the buildings and will be the responsibility of individual
tenants. Exterior materials and architectural design for future
phases of the Project will be complementary to the first phase
Buildings A and B.
The detailed Phase I landscape plan shown on Sheet 18 of the
Application generally complies with the Policy Establishing
Minimum Landscape Standards_ and Criteria for Urban Development in
the City of Plymouth. The landscape plan indicates areas which
will be undisturbed on the Phase I Site. A variety of new species
LARKiN, HOFFMAN, DALY & LINDGBEN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Page 15
are proposed to be planted including sugar maple, autumn purple
ash, summit ash, Marshall's ash, red splendor crabapple, spring
snow crabapple, Colorado spruce, redtwig dogwood, winged
euonymous, emerald mound honeysuckle, spirea, and juniper.
As shown on Sheet 13 of the Application, the Phase I PUD final
stage plan and site plan require City approval of two variances:
1) a snowmobile easement variance along I -494, and (2) a rear
yard parking setback variance along I -494. A 75 foot setback is
required for the I -494 snowmobile easement and 45 feet is
provided; a 50 foot parking setback variance from I -494 is
required and 45 feet is provided. The variances are dictated by
Plymouth Creek, the developer's goal of preserving a substantial
portion of the existing woodland vegetation, and the future
configuration of Annapolis Lane.
Fire and life safety features for the proposed Phase I development
are shown on Sheet 15 of the Application. Fire hydrants will be
placed at various locations around the buildings in accordance
with City guidelines for fire protection.
Consistent with City ordinance requirements, exterior lighting for
the Phase I development will be shielded, directed downward, and
confined within site boundaries. As shown on Sheet 17, wall -
mounted 250 watt, metal halide light fixtures are proposed.
Sheet 17 also depicts the detailed signage plan for the first
phase development. Two free - standing project address monument
signs are proposed at site entrances to Annapolis Lane. They will
be a maximum of 96 square feet and will be constructed of brick.
Wall- mounted tenant signage is also proposed consistent with City
ordinance requirements.
As required by City ordinances, Berkshire is requesting issuance of a
conditional permit to allow up to 100 percent of Buildings A and B on
the Phase 1 Site to be occupied in the future by office uses. As
shown on Sheet 17 of the Application, proof of parking for 100 percent
office use (a total of 514 surface parking spaces) can be provided on
the Phase I Site.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Page 16
The conditional use permit request for 100 percent office occupancy
complies with the standards set forth in Section 9(A)(2)(1 -6) of the
Plymouth Zoning Ordinance as follows:
1) The proposed office - showroom use is consistent with the IP
guiding of the Phase I Site. Approval of the requested
conditional use permit will not affect the Comprehensive
Plan.
2) The requested conditional use will promote the general public
welfare and will have no detrimental effect on public health,
safety, morals, or comfort.
3) The conditional use (office occupancy in excess of 50
percent) will not be injurious to the use and enjoyment of
surrounding properties, nor will it substantially diminish or
impair neighborhood property values. It is compatible with
the proposed industrial use on the Reguided Site west of
Annapolis Lane. Existing residential areas in the vicinity
of the Phase I Site will be protected by spatial buffering,
topography, and vegetative screening as shown on the
submitted development plans. As a general proposition,
impacts on neighboring properties of 100 percent office use
as compared to 50 percent office /50 percent warehouse use,
are expected to be similar in kind.
4) The conditional use requested will not impede orderly
development of surrounding properties for uses permitted in
the existing zoning districts as described throughout this
letter- memorandum.
5) Adequate measures have been taken to provide ingress and
egress to minimize traffic congestion on the public streets
as described in the circulation analysis of this letter -
memorandum. Proof of parking plans for 100 percent office
use are included with the Application.
6) The conditional use conforms to all district regulations. No
variances are requested for the conditional use component of
the Application. The general character, exterior materials,
and landscaping of the Project will not be affected by the
requested conditional use permit.
A conditional use permit is also requested to allow placement of fill
in the floodplain overlay zoning district for Annapolis Lane.
i
LARKIN, HOFFMAN, DAILY & LINDGREN, LTD.
Mr. Chuck Dillerud
June 29, 1990
Page 17
Consistent with ordinance standards, fill deposited in the floodplain
will be no more than the minimal amount necessary to construct
Annapolis Lane and will not in any way obstruct the flow of flood
waters. Technical engineering requirements set forth in the Zoning
Ordinance will be met.
If you have any questions concerning this narrative or the
Application, please give me a call.
Sincerely,
Linda H. Fisher, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
cc: John Griffith
Manos Ginis
Steve Pellinen
Gene Ernst
LHF:BH6
Each item must have a response, including "Not Applicable ", if that should be
the case.
1. Is the locational criteria of both the existing and proposed
classifications satisfied by the specific site? Explain.
2. Can the site be reasonably developed under the current classification? If
not, explain and demonstrate.
3. Is there a lack of developable property in the same classification as that
which is being proposed? If so, is the proposed expansion supported by
the Comprehensive Plan Camunity Structure Concept? If not, explain the
need for expansion.
4. Will other undeveloped property, in the classification proposed for this
site, be adversely affected by this action? Will other developed property
in the proposed classification, which might be subject to
redevelopment /rehabilitation, be adversely affected by this action?
5. How does the proposal demonstrate merit beyond the interests of the owner,
proponent, or prospective developer of the site?
6. How does the proposal demonstrate that the new classification would be the
highest and best use of the site? What is the public need or co mnmity
benefit?
7. What impact will the proposed change have upon the several Comprehensive
Plan Elements?
Transportation
Sanitary Sewer
St033n Drainage
Municipal Water
Housing
Capital Improvement Program
Official Controls (Zoning, Subdivision, Environmental)
City Parks and Open Space
8. What would be the likely impact upon area utility charges; current and
future special assessments; current and future property tax assessments;
and, per capita -based municipal aids?
forms:o >pl /lugp.item /s) 10/89
NOTE: The City Council and Planning Commission require the report for your
application to address the questions and items on the attached list.
The checklist has been developed to identify otiose matters which need
your response and information. Your input will be incorporated with
the staff report. A copy of the plan is available for examination at
the City Center; copies of sections or pages can be purchased.
Please contact the Camrsm pity Development Coordinator if you have
questions.
Each item must have a response, including "Not Applicable ", if that should be
the case.
E] Demonstrate whether the locational criteria of both existing and proposed
classifications are satisfied by the specific site.
Demonstrate why the classification should be changed. Explain why the
site cannot be reasonably developed under the current classification.
oIs there a lack of developable property in the City which has the same
classification as that proposed?
If so, demonstrate that the proposed expansion is supported by the
Comprehensive Plan Cammunity Structure Concept.
If not, explain the need for expansion.
o As a result of this action, will there be an adverse impact upon:
Other undeveloped property in the classification?
Other developed property in the classification proposed for this site
which may be subject to redevelopment or rehabilitation?
Demonstrate that the proposal has merit beyond the interests of the pro-
ponent or of the prospective developer of the site.
EiDemonstrate that the new classification would be the highest and best use
of the site. What is the public need or community benefit?
What impact will the proposed change have on the following Comprehensive
Plan elements?
Transportation (Detail data to be drawn from traffic study conducted
by City, and paid for by applicant)
Sanitary Sewer (Calculate flow data based upon existing and proposed
uses using base data fiat the plan)
Storm Sewer (Particularly note on -site storage requirements)
Housing (Particularly the number and type of units that would
be realized or not realized)
f0rmms:o>pl /1ugp.1ist /s) 10/89
1I
IM
all
L6 91
I0 1s4fA.
Mx
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 3, 1990 COMMISSION MEETING DATE: October 10, 1990
TO: Planning jVd,
Members
FROM: Charles Community Development Coordinator
SUBJECT: 1991 -1995 CAPITAL IMPROVEMENTS PROGRAM - FURTHER CONSIDERATION AND
RECOMMENDATION
On September 12, 1990, the Planning Commission held a Public Hearing
concerning the proposed 1991 -1995 Capital Improvements Program for the City of
Plymouth. Public Works Director Fred Moore was in attendance to present the
proposed Capital Improvements Program and to answer questions raised by
Commissioners.
I have attached a copy of the proposed 1991 -1995 Capital Improvements Program
as presented by Fred Moore on September 12 together with a copy of the
Planning Commission Minutes from September 12 reflecting the Public Hearing
and discussion by the Commissioners.
In its action September 12, the Planning Commission continued the Public
Hearing and directed staff to notify all persons speaking at the Public
Hearing of the continued consideration of the Capital Improvements Program.
Staff has notified the three persons that spoke at the Public Hearing
concerning the Capital Improvements Program of the continued consideration of
the matter scheduled for October 10, 1990.
ATTACHMENTS:
1. Planning Commission Minutes of September 12, 1990
2. 1991 -1995 Capital Improvements Program
pc /cd /cip.l:dl)
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
SEPTEMBER 12, 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
Michael Stulberg, Larry Marofsky, Hal
Pierce, Joy Tierney and Dennis Zylla.
MEMBERS ABSENT: Commissioner John Wire.
STAFF PRESENT: Coordinator Charles Dillerud, City
Engineer Dan Faulkner, Public Works
Director Fred Moore and Planning
Secretary Jackie Watson.
9
Commissioner Tierney, seconded by Commissioner
Zylla to approv utes for the August 22, and August
27, 1990 meetings.
Vote. 5 Ayes, Commissioner Stulberg abstained.
carried.
Chairman Plufka introduced Public Works Director Fred
Moore to discuss the Draft 1991 -1995 Capital Improvements
Program (CIP)
Director Moore reviewed the Draft CIP for streets.
Commissioner Marofsky asked why Medicine Ridge Road was
going to be completed only to 26th Street as the stretch
of road beyond 26th Street is an access to the road around
Medicine Lake.
Director Moore stated that the portion of road beyond 26th
Street may be completed at a later time. It may not be
needed in the future.
Director Moore reviewed the Draft CIP regarding sewers,
water, drainage, parks and buildings.
Chairman Plufka opened the Public Hearing.
MOTION TO APPROVE
MOTION CARRIED
DRAFT 1990 -1995 CAPITAL
IMPROVEMENTS PROGRAM
0
f Planning Commission Minutes
September 12, 1990
Page 146
Chairman Plufka introduced Mr. Greg Leuer of 4475
Urbandale Court.
Mr. Leuer asked when the Medina Road Project would be
completed.
Director Moore stated that the completion date was 1991.
Chairman Plufka introduced Mr. John Grigg of 3180
Queensland Lane.
Mr. Grigg wanted to know when the Public Hearings had been
held regarding service to Sewer District 23.
Director Moore explained the past hearing was held in
October, 1989 and also explained the procedures followed
for Capital Improvements Program review.
Chairman Plufka introduced Ms. Marilyn Thompson of 11018
Old County Road 15.
Ms. Thompson stated she was interested in roadway plans
for County Road 73.
Director Moore stated that funding for this project will
come partly from the County, the Developer and the City.
The County has not included their share in the County CIP
yet, but the administrator has stated a willingness to
recommend the project on certain conditions.
Commissioner Pierce asked when Sewer District 13 would be
completed.
Director Moore stated that the contract for this project
would be awarded in the fall.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO CONTINUE
Pierce to continue the Public Hearing on the Capital
Improvements Program to the October 10, 1990 Planning
Commission meeting, and to renotify those persons who
spoke at the Public Hearing.
Roll Call Vote. 6 Ayes. MOTION carried.
Chairman Plufka introduced the request of Markham Sporting
Goods for Rezoning, Conditional Use Permit, and Variance
from the Urban Development Policy for r cated
north of Highway 55 and west ane.
r`Dillerud reviewed the September 6, 1990 Staff
Report.
Commissioner Pierce asked when sewer would be available to
this site.
VOTE - MOTION CARRIED
MARKHAM
The Regular Meetin
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
SEPTEMBER 12, 1990
at I= P.m.
th P1 anjll: ng
MEMBERS PRESENT: Chairman Richard Plufka, Co ssioners
Michael Stulberg, Larry ofsky, Hal
Pierce, Joy Tierney and nis Zylla.
MEMBERS ABSENT: Commissioner John WyA.
STAFF PRESENT: Coordinator rles Dillerud, City
Engineer Da Faulkner, Public Works
Director red Moore and Planning
Secretar Jackie Watson.
Y 1
MOTION by missioner Tierney, seconded by Commissioner
Zylla to, prove the Minutes for the August 22, and August
21, 1 meetings.
e. 5 Ayes, Commissioner Stulberg abstained. MOTION
Chairman Plufka introduced Public Works Director Fred
Moore to discuss the Draft 1991 -1995 Capital Improvements
Program (CIP)
Director Moore reviewed the Draft CIP for streets.
Commissioner Marofsky asked why Medicine Ridge Road was
going to be completed only to 26th Street as the stretch
of road beyond 26th Street is an access to the road around
Medicine Lake.
Director Moore stated that the portion of road beyond 26th
Street may be completed at a later time. It may not be
needed in the future.
Director Moore reviewed the Draft CIP regarding sewers,
water, drainage, parks and buildings.
Chairman Plufka opened the Public Hearing.
MOTION TO APPROVE
VOTE - MOTION CARRIED
DRAFT 1990 -1995 CAPITAL
IMPROVEMENTS PROGRAM
I
Planning Commission Minutes
September 12, 1990
Page 146
Chairman Plufka introduced Mr. Greg Leuer of • 4475
Urbandale Court.
Mr. Leuer asked when the Medina Road Project would be
completed.
Director Moore stated that the completion date was 1991.
Chairman Plufka introduced Mr. John Grigg of 3180
Queensland Lane.
Mr. Grigg wanted to know when the Public Hearings had been
held regarding service to Sewer District 23.
Director Moore explained the past hearing was held in
October, 1989 and also explained the procedures followed
for Capital Improvements Program review.
Chairman Plufka introduced Ms. Marilyn Thompson of 11018
Old County Road 15.
Ms. Thompson stated she was interested in roadway plans
for County Road 73.
Director Moore stated that funding for this project will
come partly from the County, the Developer and the City.
The County has not included their share in the County CIP
yet, but the administrator has stated a willingness to
recommend the project on certain conditions.
Commissioner Pierce asked when Sewer District 13 would be
completed.
Director Moore stated that the contract for this project
would be awarded in the fall.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO CONTINUE
Pierce to continue the Public Hearing on the Capital
Improvements Program to the October 10, 1990 Planning
Commission meeting , and to renotify those persons who
spoke at the Public Hearing.
Chairman Plufka introduced the request of Markham Sporti-w
Goods for Rezoning, Conditional Use Permit, a lance
from the Urban Development Policy for erty located
north of Highway 55 and west of_fADwrLane.
Coordinator Dillerud ewed the September 6, 1990 Staff
Report.
E
Comm ner PiercE =r,Qn
RIED
qVRKHAM SPORTING GOODS
90041)
TJ t-
9 °I - I 9 9%5
Ca-P ; t•, i I m (rev nc.,t s jar o, /4a .
S e?f ew bee IZ 1 9 90
C, 61 c ca
J
1990 - 1994
Dr kF+ 1 491 - 1995'
CAPITAL IMPROVEMENTS PROGRAM
STREETS
MAP PROGRAM
NO. r.Pw_a YEAR DESCRIPTION
1 1990 Medina Road - Brockton Lane to Co. Rd. 24
2 1990 Co. Rd. 6 - Fernbrook Lane to Co. Rd. 101
3 1991 1990 Co. Rd. 101 /14th Ave. - Traffic Signal
4 1990 Co. Rd. 9 /Annapolis Lane - Traffic Signal
5 1990 Co. Rd. 9 /Vinewood Lane - Traffic Signal
6 1990 West Medicineke Dr. - Co. Rd. 9 to Schmidt Lake Road
7 1990 Schmidt Lake toad - West Medicine Lake Dr. to Pineview LaneR
8 1991 1990 Co. Rd. 9 /Nathan Lane - Intersections Improvement
1990 Street Resurfacing /Reconstruction
9 1912 1991 Medina Rd..- Co. Rd. 24 to Vicksburg Lane
10 1992 1991 Ferndale Road - Co. Rd. 6 to South City Limits
11 v 1991 Fernbrook Lane - 27th Ave. to 34th Ave.
12 1192 1991 Zachary Lane /South Shore Dr. - 10th Ave. to Sunset Trail
13 199'Z 1991 Valley Forge Lane - 10th Ave. - Highway 55 Frontage Road
14 1991 26th Ave. - Kilmer Lane to Medicine Ridge Road
15 1991 Zachary Lane /E. Medicine Lake Blvd. - 36th Ave. to Medicine Ridge
Road
16 1991 Co. Rd. 10 - Nathan Lane to Sycamore Lane
17 1991 Northwest -Blvd. - Co. Rd. 10 to Pineview Lane
1091 Street Resurfacing /Reconstruction
19e11 A +naPo1:3 L& ^e. i3y4 •, Aloc - 'Fee nbie.K L 10 ''.iC++s A -c,
1591 re,Q3`.t S:jn.1 Ne.ttiwes+ lal 'id. e...2 Ca -.P &.+ OrI +C
18 1992 Co. Rd. 9 - Polaris Lane to I -494
19 r 1992 Xenium Lane - Co. Rd. 6 to Highway 55
20 1 913 1992 Zachary Lane - 36th Ave. to Co. Rd. 10
21 1992 Northwest Blvd. - Schmidt Lake Road to 56th Ave.
22 1992 Schmidt Lake Road - West Medicine Lake Dr. to Orchid Lane
23 1992 Fernbrook Lane - Schmidt Lake Road to 47th Ave.
1992 Street Resurfacing /Reconstruction
24 1994 1993 Fernbrook Lane - Glacier Lane to Harbor Place Add.
25 W 1993 Dunkirk Lane - Highway 55 to Co. Rd. 9
26 1994 1993 Xenium Lane - 38th Ave. to Northwest Blvd.
r 1993 Street Resurfacing /Reconstruction
Ex:s *- -j
MAP PROGRAM
N0, fr-r sez YEAR
27 lq9 S 1994 6th Ave. /Goldenrod Lane - Pineview Lane to Highway 55
28 v 1994 Co. Rd. 101 /Co. Rd. 24 - Traffic signal /Intersection Improvements
29 " 1994 New Co. Rd. 9 - Co. Rd. 24 to Vicksburg Lane
4,1 1994 Street Resurfacing /Reconstruction
qqS St ect (ZtJ r {tee: ^J %'Rsc*".s uatlon
f
Ex: % +' ^1
MAP PROGRAM
NO • F—Pose i YEAR
1 1990
2 ,p 1990
1g91
1 ° q S
is
1990 - 1994
IA 41 1996
CAPITAL IMPROVEMENTS PROGRAM
SANITARY SEWER
DESCRIPTION
Northwest Trunk Sewer - Districts NW -16, NW -18, NW -20,
NW -21, NW -22 and NW -23
North Central Trunk Sewer - District NC -8, NC -9 and NC -11
Nor*h we44 T&wt Seu-er 10 :sb1t1 WW -11
14 of +b% west Trv, %t severe - p:dt".C.+ W W -1 9
1 a,
IF
1990 - 1994
1.141 - 1915
CAPITAL IMPROVEMENTS PROGRAM
WATER
CIL.S J
MAP
N0.
PROGRAM
Prep -&4 YEAR DESCRIPTION
1 1990 Medina Rd. - Co. Rd. 101 to Vicksburg Lane
2 1990 Co. Rd. 101 - 3 M.G. Tower to Co. Rd. 9
3
4
5
1990
1990
1990
Co. Rd. 9 - Peony Lane to Vicksburg Lane
Vicksburg Lane - Amhurst Add. to Schmidt Lake Road
Schmidt Lake Road - Vicksburg Lane to Fernbrook Lane
6
7
1990
1990
Fernbrook Lane - Schmidt Lake Road to 47th Ave.
West Medicine Lake Dr. - 45th Ave. to Schmidt Lake Rd.
8 1990 Schmidt Lake Road - West Medicine Lake Dr. to Pineview Lane
9 1990 Well No. 13 - Central Well Field
10
19'11
1991 Co. Rd. 10 - Nathan Lane to Zachary Lane
A h h,p.lis Lc,-L- 344% Ava 0 '304 Ava.
11
12
1992
1992
I -494 - 21st Ave. to Luce Line Trail
Schmidt Lake Road - Fernbrook Lane to West Medicine Lake Dr.
13 1992 Northwest Blvd. - Schmidt Lake Road to 56th Ave.
14
15
jq 9 S
1992
19 q Z
1992
1993
Well No. 14 - Zachary Well Field
Nc11YL..... I 6 --tat L.kt 194 — Co. Rd. 9 •• V.cKtb,L.,C.
3 +..•. E J... +04 Tawei w 14.IIYa -1- S:4L.
Fernbrook Lane - 10th Ave. to Harbor Place Add.
16 1993 Dunkirk Lane - Medina Road to Co. Rd. 9
17 1994 6th Ave. - Pineview Lane to Forestview Lane
18 1994 Well No. 15 - Central Well Field
X995 t;'rP.•.a Ce.t wl Trw1...a.t P1...* rOw. 13 w...a. }oZ,s'r+.a.d.
i 1990 - 1994
Via Fi Iggl- 11is
CAPITAL IMPROVEMENTS PROGRAM
DRAINAGE
MAP PROGRAM
NO, 'Pr•Pos °d YEAR nF GRIPTION
1 1990 POND BC -P1
1991 Pond and Drainage Improvements
1992 Pond and Drainage Improvements
1993 Pond and Drainage Improvements
1994 Pond and Drainage Improvements
i MIS,
1990 — 1994
r ft 1991- 1996
CAPITAL IMPROVEMENTS PROGRAM
PARKS
MAP PROGRAM
NO preft_ v# YEAR DESCRIPTION
1 ' 1990 Swan Lake Neighborhood Park Acquisition /Development
2 1990 Bass Lake Playfield /Neighborhood Park
3 1990 Ridgemount Playfield
4 1990 Trail - 46th Avenue from Zachary to Nathan Lane
5 1990 Trail - West Medicine Lake from 18th Ave. to RR
6 1991
7 1991
8 1991
1991
1911
1993
1941
9 1996 1992
10 1992
11 11191 1992
12 1992
13 1992
14 1992
15 1992
16 1993
17 1993
l
18 1993
19 19 9 1 1993
b. 1993
1ge3
20 1994
21 flti• +c- 1994
W. 1994
199y
1991
1995
t
Northeast Neighborhood Park Acquisition /Development
Plymouth Creek Park Tennis Courts (4)
Shiloh Neighborhood Park Playground
Trail
1-ckVY 'F—V- PG rk:ft' Lei- EXP -1:6A
R:i3t,„,e, ".kv ;%.its Irr;3 tiew/ It tip le,c4. iirla*j F4'te ,d,., w.1 Few, t4&S.! Pets
Vicksburg & 22nd Avenue Neighborhood Park
County Road 9 & Fernbrook Neighborhood Park
Parkers Lake Playfield
Phase II Playfield - Bass Lake
West Medicine Lake Park Phase I
Timber Shores Parking Lot
Trail - Zachary Lane from Old 9 to Co. Rd. 10
Mud Lake Neighborhood Park
Phase II Playfield - Parkers Lake
West Medicine Lake Park Phase II
Gleanloch Playground Replacement
Trail
Qlvvrlcw Si.cl er e:d:n,
County Road 101 & 24 - Neighborhood Park
Parkers Lake Group Picnic Grounds
Trail
PIY».eutti C•ctr. As. K Pe.l Ore jj;'J
f plc- Yl; :eld L-,,& Acgo:S;tion
Tro.•,1s
1990 - 1994
D. Fi 1141 - 19 1S
CAPITAL IMPROVEMENTS PROGRAM
F W 5 t" -3
MAP PROGRAM
NO.--. r o 96S e Z YEAR
1990
1991
1991
BUILDINGS
DESCRIPTION
Maintenance Facilities Expansion
Public Safety Building
CO -, r U..+v Ce -,tee
k
5
1
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 3, 1990 COMMISSION MEETING DATE: October 10, 1990
TO: Planning Commi io embers
FROM: Charles E. D 11 Community Development Coordinator
SUBJECT: MARKHAM SPORT NG GOODS. REZONING, CONDITIONAL USE PERMIT, AND
VARIANCE FROM THE URBAN DEVELOPMENT POLICY FOR ADDITIONAL BUSINESS
OPERATIONS AT 18110 HIGHWAY 55 (90041)
At its meeting September
continuing a Public Hearing i
to continue was following a
Markham Sporting Goods, in w
of the applications and the
problems raised by the staff
2, 1990, the Planning Commission took action
oncerning the captioned applications. The motion
presentation by Mr. Richard Bloom, representing
ich he requested a continuance to allow a review
presentation of an amended plan to address the
report dated September 6, 1990.
Mr. Bloom met with staff during the week following the September 12 Planning
Commission meeting to review Ordinance provisions covering the applications
that have been made by Markham Sporting Goods. At that time, he indicated
that amended applications would be forthcoming. Since staff has heard nothing
further from either the petitioner or Mr. Bloom since that time, and we are
now presenting the original applications to the Planning Commission for the
continuation of the Public Hearing as directed.
Although not specifically directed to do so, staff has notified all parties
that spoke at the Public Hearing of the continued consideration now scheduled
for October 10, 1990.
RECOMMENDATION:
We continue in our recommendation that all applications under consideration be
denied.
The Zoning Ordinance violation first cited in June 1989 continues unabated.
The applicant has been granted one additional month by the Planning Commission
with no tangible result -- except one more month of violation. The credibility
of our Zoning enforcement may become open to question in this visible case.
see next page)
3.
File 90041
Page Two
We urge the Planning Commission to move this case forward to the City Council
with the denial recommendation with no further delay.
ATTACHMENTS:
1. Planning Commission Minutes of September 12, 1990
2. Planning Staff Report of September 6, 1990, With Attachments
3. Rupar Letter of September 12, 1990, Received at the Planning Commission
Meeting of September 12, 1990
4. Petitioner's Letter of September 11, 1990, Requesting Continuance
pc /cd /90041.1:dl)
Planning Commission Minutes
September 12, 1990
Page 146
Chairman Plufka introduced Mr. Greg Leuer of 4475
Urbandale Court.
Mr. Leuer asked when the Medina Road Project would be
completed.
Director Moore state that the completion date was 1991.
Chairman Plufka intro ced Mr. John Grigg of 3180
Queensland Lane.
Mr. Grigg wanted to know when he Public Hearings had been
held regarding service to Sewer istrict 23.
Director Moore explained the pas hearing was held in
October, 1989 and also explained t procedures followed
for Capital Improvements Program revie
Chairman Plufka introduced Ms. Marilyn mpson of 11018
Old County Road 15.
Ms. Thompson stated she was interested in ro way plans
for County Road 73.
Director Moore stated that funding for this projec will
come partly from the County, the Developer and the •ty.
The County has not included their share in the County P
yet, but the administrator has stated a willingness t
recommend the project on certain conditions.
Commissioner Pierce asked when Sewer District 13 would be
completed.
Director Moore stated that the contract for this project
would be awarded in the fall.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION
Pierce to continue the Public Hearing on the Capital
Improvements Program to the October 10, 1990 Planning
Commission meeting,. and to renotify those persons who
spoke at the Public Hearing.
Roll Call Vote. 6 Ayes. MOTION carried.
Chairman Plufka introduced the request of Markham Sporting
Goods for Rezoning, Conditional Use Permit, and Variance
from the Urban Development Policy for property located
north of Highway 55 and west of Peony Lane.
Coordinator Dillerud reviewed the September 6, 1990 Staff
Report.
Commissioner Pierce asked when sewer would be available to
this site.
INUE
VOTE - MOTION CARR
MARKHAM SPORTING GOODS
90041)
Planning Commission Minutes
September 12, 1990
Page 147
City Engineer Faulkner responded that public sewer would
be available in 1995.
Commissioner Marofsky stated that part of the business was
used as a private residence and questioned whether that
would be possible if the petition was approved.
Coordinator Dillerud responded that it could, as a
nonconforming use.
The Commissioners read two letters regarding this petition
that were handed out at the meeting.
The Markham letter stated that they would like the Public
Hearing delayed and had Offered to notify property owners
within 500 feet of the rescheduling of this petition.
Commissioner Stulberg asked if any of the property owners
were so notified.
Chairman Plufka introduced Mr. Richard Bloom who was
representing the petitioner.
Mr. Bloom stated that property owners were not notified of
a rescheduling of the petition.
Chairman Plufka opened the Public Hearing.
Chairman Plufka reintroduced Mr. Richard Bloom who stated
that the request to provide U -Haul services would have no
impact on the demands of sewer and water in the area.
Mr. Bloom stated that some changes in the zoning of the
property throughout the years has been a problem for this
site. He said that the property had been zoned as
commercial in the beginning. It was then rezoned to FRD
Future Restricted Development) and in the future is
scheduled to be zoned as commercial property once City
utilities are available. He suggested that he would like
to discuss other options available to Mr. Markham with the
City Attorney.
Chairman Plufka introduced Mr. Joe Rupar of 18040 Highway
55.
Mr. Rupar stated his concerns were that if the Markham
site was rezoned, would the entire area be rezoned. He
stated that his and the neighbors access through the
easement on the Markham property was not accessible at all
times. He said that the U -Haul trailers blocked the view
and the driveway.
Commissioner Marofsky asked Mr. Rupar whether the Markham
site used more water on the site for the washing of the
trailers, or if traffic had increased.
Planning Commission Minutes
September 12, 1990
Page 148
Mr. Rupar stated that he had not noticed an increase in
water usage or traffic on the Markham site.
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO CONTINUE
Tierney to continue the Public Hearing to the October 10,
1990 Planning Commission meeting.
Coordinator Dillerud stated that the renotification of the
property owners within 500 feet must be done by the City
so that the City can certify that the notices are mailed,
but that the petitioner will be responsible for supplying
the mailing labels., He stated that any change in the
plans must be submitted by September 21, in order for the
Development Review Committee to review them.
Roll Call Vote. 5 Ayes, Commissioner Stulberg, Nay. VOTE - MOTION CARRIED
MOTION carried on a 5 -1 vote.
Chairman Plufka introduced the request of Richard Deziel RICHARD DEZIEL (900
for Rezoning from FRD to R -1B and a Final Plat for the
Oxbow Ridge 2nd Addition" located south of the south
terminus of 46th Avenue North west of Vicksburg Lane.
Chairman Plufka waived the review of the September 7, 1990
Staff Report.
Chairman Plufka introduced Mr. Richard Deziel of 16100
46th Avenue North.
Commissioner Marofsky asked if the shortening of some
the lots on the west side of 46th Avenue North would c
the future cul -de -sac to come further to the south.
Mr. Deziel stated that he planned to extend the 1 -de -sac
to the south.
Chairman Plufka opened the Public HeariW. There was no
one present to speak on the issue. Ch rman Plufka closed
the Public Hearing.
MOTION by Commissioner Stu Iberg/seconded by Commissioner MOTION TO APPROVE
Marofsky to recommend approvpl of the petition by Richard
Deziel for Rezoning from F to R -1B and a Final Plat for
the "Oxbow Ridge 2nd Ad ion" located south of the south
terminus of 46th Aven North west of Vicksburg Lane.
Roll
CaXPla
Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED
Chairmatroduced the request by Super Valu SUPER VALU STORES, INC.
Stores, Amended Mixed Planned Unit Development (90079)
Plan f ds" regarding wall signage, proof of
parking, sidewalk construction, and trash facility
screening in the Plymouth Hills Addition located at the
southeast corner of 36th Avenue North and Vicksburg Lane.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Sept. 6, 1990 COMMISSION MEETING DATE: Sept. 12, 1990
FILE NO.: 90041
PETITIONER: Markham Sporting Goods
REQUEST: Rezoning, Conditional Use Permit, and Variance for Markham
Sporting Goods
LOCATION: North of Highway 55 and West of Peony Lane (18110 Highway
55)
GUIDE PLAN CLASS: CS (Service Business)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
Community Development files reveal no specific applications or City actions
regarding this parcel until the recent Zoning Ordinance violation case.
On June 16, 1989, the City informed Mr. Markham that the expansion of his
business to include U -Haul rentals was in violation of the Plymouth Zoning
Ordinance. Specifically, the addition of the U -Haul business was an expansion
of a nonconforming use in the FRD Zoning District. Since that date, staff
including the City Attorney) has been working with Mr. Markham in an effort
to provide a due process finding by the City of Plymouth as to whether the use
Mr. Markham has added to his facility will be allowed.
Notice of the Public Hearing for the requested rezoning has been published in
the official City newspaper, and all property owners within 500 feet have been
notified. A development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. Mr. Markham made application for a rezoning, Conditional Use Permit, and
variance on April 28, 1990, consistent with, but 10 days beyond the time
limit for application, provided for in the letter of the City Attorney
dated April 5, 1990, concerning the Zoning Ordinance violation. Since
that date, City staff has communicated repeatedly with Mr. Markham
concerning narrative and graphic details that are necessary to accompany
an application of this type. Since this is a violation- related
application , staff determined, on August 10, 1990, that this matter
Page Two
File 90041
should be expedited through the process regardless of the application
graphics and narrative that have been submitted to date.
2. The enlargement of the nonconforming use at Markham Sporting Goods prior
to the availability of municipal utilities would constitute "development"
within the meeting of City Council Resolution 75 -664. This resolution, a
copy of which is attached, specifically prohibits development in areas of
the City not having municipal water and sewer service available. The
policy resolution does provide that a variance may be granted where it can
be demonstrated by the petitioner that a diversion from the policy will
not cause an unreasonable burden upon the City of Plymouth.
3. The site upon which Markham Sporting Goods is located is a lot of
approximately 112 acre that was created as a part of the Osier Addition
many years ago. There have been changes in policy regarding this area of
the City over the many years that have transpired since the platting and
zoning regulations have been in effect. Even though the area was
previously platted for single family homes, it was, for a period of time
in the 1960s decade, zoned for Highway Commercial purposes (B -4). The
original Markham Sporting Goods was likely created responsive to this
zoning of an earlier period.
4. The applicant re uests rezoning from FRD (Future Restricted Development)
District to B -3 ?Service Business) District. If a variance is granted to
the Urban Development Policy, the rezoning proposed is consistent with the
CS land use classification of the site.
5. The rental of vehicles (such as trailers and trucks) is an allowed use in
the B -3 Zoning District, but as any business activity not conducted in an
enclosed yard or building requires a Conditional Use Permit. Should the
variance to the Urban Development Policy be approved, and should the
rezoning from FRO to B -3 be approved, a Conditional Use Permit is
requested to permit the rental activity to continue without being within
an enclosed yard or building.
The applicant has submitted a handwritten description of his proposed use
dated August 15, 1990, which has been attached to this staff report.
6. As required, the petitioner has submitted a combination survey of existing
conditions and Site Plan depicting the proposed arrangement of the subject
site. The site, as it exists, does not maintain parking and drive area
setbacks prescribed by the Zoning Ordinance. We also find that the
proposed bituminous area" extends beyond the property line into adjoining
Lot 7, even though the petitioner in his August 15, 1990, narrative states
that Lot 7 will not be used.
Since no principal structure is currently located on Lot 7, the terms of
the Zoning Ordinance would prohibit the use of that separate lot for
accessory purposes to the principal use that is on Lot 8. It appears from
field observation that the current Zoning Ordinance violation includes the
parking of U -Haul trailers on Lot 7.
Page Three
File 90041
7. The proposed site design specifies "trailer storage" within a chain - linked
fenced area immediately west of the existing structure, and within the
side setback area. The Zoning Ordinance specifies that side setback for
parking in the B -3 Zoning District shall be 20 feet minimum, and a setback
of parking from the principal structure shall be 10 feet. Trailer storage
within this 16 -foot wide side yard area would be in violation of the
Zoning Ordinance setback standards for both the west side yard and the
structure.
8. The proposed site design provides for "truck storage" behind a "wood
fence" along the east side of the existing principal structure. A portion
of this proposed truck storage area would be located within the 20 -foot
side yard setback to the east, and, a portion of this proposed truck
storage area would be located in the 10 -foot structure setback required by
the Zoning Ordinance.
9. The applicant proposes to "formalize" off - street parking for the sporting
goods store to provide 16 spaces to the south and east of the existing
structure. While the 16 spaces proposed would meet the off - street parking
formula of 10 spaces per 1,000 square feet of floor area for freestanding
commercial buildings, 13 of those proposed spaces are located in the 50-
foot front yard parking setback to State Highway 55 specified by the
Zoning Ordinance.
10. The existing 64- square foot freestanding sign located in the southeast
corner of the site does not meet the 20 -foot minimum setback provisions of
the Zoning Ordinance, and is not proposed to be relocated to meet those
standards.
PLANNING STAFF COMMENTS:
1. We find that a variance from the Policy Resolution 75 -664 regulating urban
development would result in an unreasonable burden on the City of Plymouth
in terms of providing services and utilities to this and other sites upon
which such waivers could be granted in an area of the City not served by
municipal utilities. The nonconforming use of this site may continue
without the benefit of a variance to the Urban Development Policy, and
thereby the owner of the parcel has reasonable use of the property without
such a variance being granted.
2. Based on our finding that a variance to the Urban Development Policy is
not appropriate, we find the application to rezone the property from FRD
to B -3 to be inconsistent with City of Plymouth policy regarding the
timing of urban development, as reflected in City Council Policy
Resolution 75 -664.
3. We find the application for a Conditional Use Permit inappropriate without
the benefit of the B -3 Zoning noted above. Should it be found that the
variance to the Urban Development Policy and the rezoning from FRD to B -3
1
Page Four
File 90041
are appropriate, we find the site is not conducive to expansion to allow
an equipment rental business due to the site constraints provided to the
storage of such equipment.
We do not find the site configuration to be suitable and large enough for
construction of even the required off - street parking for the existing
sporting goods store. To expand the use of the site to include the
outdoor storage of rented equipment, will only compound the existing
problem with the site complying with Zoning Ordinance setback
requirements.
RECOMMENDATIONS AND CONCLUSIONS:
I hereby recommend denial of the application for a variance to the Urban
Development Policy to permit additional development of this site within the
FRD Zoning District. I further recommend that based on the denial of the
variance to the Urban Development Policy, the application for rezoning of this
site from FRD to B -3 be also denied. Finally, I recommend that the
application for a Conditional Use Permit to allow the storage of rental
equipment outside of a building for complete enclosure be denied.
The requested actions are not the only remedy of the ongoing zoning
violations. The process is significant so it can be determined whether the
activities are appropriate, all things considered. The corrective action to
the violations could be cessation of the activities. This petition should not
be viewed as a shift of administrative - enforcement responsibilities to the
Commission and
CoAesSubmittedby:
Ch Dill-e`rffd,tWnunity Development Coordinator
ATTACHMENTS:
1. Resolution Denying Variance from City Council Policy Resolution 75 -664
2. Resolution Approving Variance from City Council Policy Resolution 75 -664
3. Resolution Approving Rezoning from FRD to B -3
4. Resolution Approving Conditional Use Permit
5. Correspondence
6. City Council Resolution 75 -664
7. Location Map
8. Large Plans
pc /cd /90041:dl)
DENYING VARIANCE FROM CITY COUNCIL POLICY RESOLUTION 75 -664 FOR MARKHAM
SPORTING GOODS (90041)
WHEREAS, Markham Sporting Goods has requested approval for a variance to City
Council Policy Resolution 75 -664 to permit additional development within the
FRO Zoning District for property located north of Highway 55 and west of Peony
Lane (18110 Highway 55); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and has recommended denial;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by
Markham Sporting Goods for a variance to City Council Policy Resolution 75 -664
to permit additional development within the FRD Zoning District for property
located north of Highway 55 and west of Peony Lane (18110 Highway -55), based
on the following findings:
1. City water and sanitary sewer is not currently available to this property.
2. The petitioner has not demonstrated that a diversion from the provisions
of Resolution 75 -664 will not cause an unreasonable burden upon the City
of Plymouth in providing services and utilities.
APPROVING VARIANCE FROM CITY COUNCIL POLICY RESOLUTION 75 -664 FOR MARKHAM
SPORTING GOODS (90041)
WHEREAS, Markham Sporting Goods has requested approval for a variance to City
Council Policy Resolution 75 -664 to permit additional development within the
FRD Zoning District for property located north of Highway 55 and west of Peony
Lane (18110 Highway 55); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Markham Sporting Goods for a variance to City Council Policy Resolution 75 -664
to permit additional development within the FRD- Zoning District for property
located north of Highway 55 and west of Peony Lane (18110 Highway 55), based
on the following findings:
1. The petitioner has demonstrated that a diversion from the provisions of
Resolution 75 -664 will not cause an unreasonable burden upon the City of
Plymouth in providing services and utilities.
APPROVING REZONING FROM FRD (FUTURE RESTRICTED DEVELOPMENT) DISTRICT TO B -3 r
SERVICE BUSINESS) DISTRICT FOR MARKHAM SPORTING GOODS (90041)
WHEREAS, Markham Sporting Goods has requested approval for a rezoning from FRD
Future Restricted Development) District to B -3 (Service Business) District
for property located north of Highway 55 and west of Peony Lane (18110 Highway
55); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request b
Markham Sporting Goods for a rezoning from FRD (Future Restricted Development
District to B -3 (Service Business) District for roperty located north of
Highway 55 and west of Peony Lane (18110 Highway 55).
APPROVING CONDITIONAL USE PERMIT FOR MARKHAM SPORTING GOODS (90041)
WHEREAS, Markham Sporting Goods has requested approval for a Conditional Use
Permit to undertake business activity not conducted in an enclosed yard or a
building for property located north of Highway 55 and west of Peony Lane
18110 Highway 55); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Markham Sporting Goods for a Conditional Use Permit to undertake business
activity not conducted in an enclosed yard or a building for property located
north of Highway 55 and west of Peony Lane (18110 Highway 55), subject to the
following conditions:
1. The permit is subject to all applicable codes, regulations and ordinances,
and violation thereof shall be grounds for revocation.
2. The permit is issued to Markham Sporting Goods and shall not be
transferable.
3. The site shall be maintained in a sanitary manner.
4. All waste and waste containers shall be stored within approved designated
areas.
5. No signage is allowed relative to the use.
6. The permit shall be reviewed annually to assure compliance with the
conditions.
7. All parking shall be off - street in designated areas which comply with the
Zoning Ordinance.
September 5, 1990
Mr. Jim Markham
Markham Sporting Goods
18110 Highway 55
Plymouth, MN 55446
CITY OF
PLYMOUTR
SUBJECT: MARKHAM SPORTING GOODS. REZONING, CONDITIONAL USE PERMIT, AND
VARIANCE TO CONDUCT RENTAL BUSINESS AT 18110 HIGHWAY 55 (90041)
Dear Mr. Markham:
This will confirm our intention to present your applications to the Planning
Commission at a Public Hearing to be held September 12, 1990.
We will commence preparation of the Planning Staff Report and Engineer's
Memorandum related to this project that will be forwarded to the Planning
Commission, and subsequently, the City Council. You will be notified when a
copy of the report can be picked up.
Upon your review of the report, should you have any final comments you wish
forwarded to the Planning Commission, these should be submitted in writing no
later than noon, Friday, September 7, 1990.
Also, the required reductions (15 copies, blue line prints of each page,
minimum size of 12 inches by 18 inches) and transparencies (one 8 1/2 by 11
inch of each print) should be submitted to our office by Wednesday, September
5, 1990. The reductions are requested so that the Planning Commission and
City Council can receive a copy of the plans in their agenda information
packets. We utilize an overhead projector at the Planning Commission and City
Council meetings which is the reason we request the transparencies.
Hopefully, this information will assist you. Should you have questions, or
need further clarification on any of the points, please feel free to contact
our office.
Sincerely,
C . i e r u
Community Development Coordinator
cc: File 90041
dre /cd /90041.1:dl)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: October 3, 1990 COMMISSION MEETING DATE: October 10, 1990
FILE NO.: 90065
PETITIONER: Independent School District #284 (Wayzata)
REQUEST: Amended Site Plan, Conditional Use Permit, and Zoning
Ordinance Variance for the Gleason Lake Elementary School
LOCATION: Northwest Corner of First Avenue North and County Road 101
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: R -1A (Low Density Single Family Residential)
BACKGROUND:
On August 22, 1988, the City Council, by Resolution 88 -502, approved a Site
Plan and Conditional Use Permit, including variances, for the construction of
the Gleason Lake Elementary School. The school has subsequently been
constructed consistent with the approved plans.
Proposed by this application is an amendment to the Conditional Use Permit and
Site Plan for the Gleason Lake Elementary School to construct 42 (net)
additional off - street parking spaces, and a variance to Zoning Ordinance
standards to permit construction of off - street parking to within 25 feet of
the north property line versus the Ordinance standard of 30 feet.
Notice of this Public Hearing has been published in the official City
newspaper and mailed to all property owners within 500 feet. In addition, a
development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The proposed Conditional Use Permit must meet the Conditional Use Permit
standards found in Section 9 of the Zoning Ordinance in the same manner as
the original Conditional Use Permit for the elementary school. A copy of
those standards is attached to this staff report together with the
petitioner's letter of August 23, 1990, providing a response to those
Conditional Use Permit standards.
2. The variance requested is responsive to Section 11 of the Zoning Ordinance
where Zoning Ordinance variances must be acted upon by the City Council
with the recommendation of the Planning Commission where those variances
see next page)
File 90065
Page Two
are related to a Site Plan. The Zoning Ordinance provides six specific
criteria which must be met before the City Council may approve a variance
to Zoning Ordinance standards. A copy of those Zoning Ordinance variance
criteria is attached to this staff report.
3. The Development Review Committee has reviewed the proposed amended Site
Plan for consistency with the Zoning Ordinance and other City ordinances,
codes, and policies related to development of this use in this Zoning
District. The proposed Site Plan amendment to add additional parking to
the site meets Ordinance standards with respect to parking lot design and
location, except with respect to the variance matters noted above.
Specifically, the parking spaces proposed are of the size required by the
Ordinance; internal circulation remains acceptable; screening to the
adjacent residents to the north is accomplished by the Luce corridor, and
development to the west of this site (across County Road 101) is not
residential in nature; and the proposed sign meets Ordinance standards for
size and location.
4. The proposed monument si n meets the Ordinance standard as to area (32
square feet) and setback NO feet).
PLANNING STAFF COMMENTS:
1. The Conditional Use Permit amendment is consistent with the six specific
standards of the Zoning Ordinance that must be met prior to issuance of a
Conditional Use Permit, or a Conditional Use Permit amendment.
2. The Site Plan, except with respect to the variance requested, meets the
standards of the ordinances, policies, and codes of the City of Plymouth
regarding parking lot and signage design and location.
3. We find that the requested variance to permit parking along the north
property line 5 feet closer to the property line than the Ordinance
specifies does not meet the standards of the Zoning Ordinance for the
approval of a variance. Specifically, we cannot find that there are any
particular physical surroundings, shapes, or topographical conditions on
this parcel that create a true hardship as opposed to an inconvenience
should the requested parking be constructed consistent with the Ordinance
standard. That the parking may not physically fit north of the existing
elementary school without the need for a variances does not, itself,
constitute sufficient basis for the granting of a variance. Other site
area is available on which to construct parking, even though this may
result in the conversion of existing athletic field space. The existing
parking provided on the site is sufficient in quantity per the standards
of the Plymouth Zoning Ordinance.
see next page)
File 90065
Page Three
4. We find no conditions unique to this particular parcel of land which are
not applicable generally to other school sites found within the R -1A
zoning classification.
5. While the proposed variance is not based exclusively on a desire to
increase the value or income potential of the parcel - -not an appropriate
description of a public action - -we do find the utility of the site will
increase as a result of the variance, and that is comparable to increasing
the income potential or the value in the private sector.
6. The School District has and continues to have interest in the parcel, and
as such, has been responsible for the design of all facilities that are
now located on the parcel. The perceived shortage of parking creating the
application which results in the variance requested is a difficulty
created by the party presently having interest in the property -- School
District #284.
7. The granting of the variance will not be detrimental to the public welfare
or injurious to other land or improvements in the neighborhood on which
the parcel is located.
8. The proposed variance will not impair an adequate supply of light and air
to adjacent property, or substantially increase the congestion on public
streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the neighborhood.
RECOMMENDATION:
We hereby recommend approval of the Conditional Use Permit to amend the site
for Plymouth Creek Elementary School to permit additional parking to be
constructed and to allow construction of a monument sign identifying the use
of the site. Except for the variance request, we also recommend approval of
the Site Plan amendment.
Based on our findings with respect to the noncompliance with several of the
zoning variance criteria, we recommend denial of the variance request. The
standard of the Zoning Ordinance with respect to the setback of parking or
drives from property lines for nonresidential use located within residence
districts was adopted in 1989 and is thus a current, versus an old and
possible obsolete, standard.
There is adequate land available to afford a redesign for more parking within
Ordinance standards.
We have attached a recommended resolution for approval of the amended Site
Plan and Conditional Use Permit for the construction of a monument sign and a
portion of the off - street parking at the Gleason Lake Elementary School with
denial of the variance for parking setback. We have also attached a
see next page)
File 90065
Page Four
resolution to approve including approval of the variance request to allow
parking setback along the north property line 25 feet from the property line
versus the Ordinance yi; FO of 30 7 X—)
Submitted by:
arles E. Dillerud, CommLMiry Development Goorainator
ATTACHMENTS:
1. Resolution Approving Amended Site Plan and Conditional Use Permit
2. Resolution Denying Variance
3. Engineer's Memorandum
4. Conditional Use Permit Standards
5. Petitioner's Communication Received August 23, 1990
6. Zoning Ordinance Variance Standards
7. Location Map
8. Large Plans
pc /cd /90065:dl)
APPROVING AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL
DISTRICT #284 (WAYZATA) FOR GLEASON LAKE ELEMENTARY SCHOOL (90065)
WHEREAS, Independent School District #284 (Wayzata) has requested approval for
an amended Site Plan and Conditional Use Permit to construct off - street
parking and a new monument sign for Gleason Lake Elementary School located at
the northwest corner of First Avenue North and County Road 101; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Independent School District #284 (Wayzata) for an amended Site Plan and
Conditional Use Permit to construct off - street parking and a new monument sign
for Gleason Lake Elementary School located at the northwest corner of First
Avenue North and County Road 101, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
3. Any signage shall be in compliance with the Ordinance and the approved
sign plan.
4. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
5. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
6. Compliance with the applicable conditions of City Council Resolution 88-
502 (original Site Plan).
7. A Zoning Ordinance variance is approved to allow parking setback to within
25 feet of the north property line versus the Zoning Ordinance standard of
30 feet based on a finding that the Zoning Ordinance standards for
approval of a variance are met.
i
APPROVING AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL
DISTRICT #284 (WAYZATA) FOR GLEASON LAKE ELEMENTARY SCHOOL (90065)
WHEREAS, Independent School District #284 (Wayzata) has requested approval for
an amended Site Plan and Conditional Use Permit to construct off - street
parking and a new monument sign for Gleason Lake Elementary School located at
the northwest corner of First Avenue North and County Road 101; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Independent School District #284 (Wayzata) for an amended Site Plan and
Conditional Use Permit to construct off - street parking and a new monument sign
for Gleason Lake Elementary School located at the northwest corner of First
Avenue North and County Road 101, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
3. Any signage shall be in compliance with the Ordinance and the approved
sign plan.
4. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
5. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
6. Compliance with the applicable conditions of City Council Resolution 88-
502 (original Site Plan).
7. No Zoning Ordinance variances are approved or implied. All parking
constructed shall comply with setback provisions of the Zoning Ordinance.
A revised plan with no variances shall be submitted to the Community
Development Department for approval before work is started.
8. Denial of the Zoning Ordinance variance is based on the following
findings:
a. There are no part.icular physical surroundings, shapes, or
topographical conditions on this parcel that create a true hardship as
opposed to an inconvenience should the requested parking be
constructed consistent with the Ordinance standard.
b. There are no conditions unique to this particular parcel of land which
are not applicable generally to other school sites found within the R-
1A zoning classification.
see next page)
Resolution No.
File 90065
Page Two
c. The utility of the site will increase as a result of the variance, and
that is parallel to increasing the income potential or the value in
the private sector.
d. The perceived shortage of parking creating the application which
results in the variance requested is a difficulty created by the party
presently having interest in the property -- School District #284.
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: October 4, 1990
FILE NO.: 90065
PETITIONER: Mr. Stan Tikkanen, Inedpendent School District #284, P.O. Box 660,
Wayzata, MN 55393 -9990
SITE PLAN: ADDITIONAL PARKING FOR GLEASON LAKE ELEMENTARY SCHOOL
LOCATION: East of County Road 101, south of the LUCE Line Trail, north of 1st
Avenue in the southwest 1/4 of Section 32.
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. _ X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X SAC and REC charges will be payable at the time building permits are
issued. These are in addition to the assessments shown in No 1 and
No. .
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Site Plan approval:
4. Area assessments estimated - None.
5. Other additional assessments estimated: None.
LEGAL /EASEMENTS /PERMITS:
N/A Yes No
6. _ X _ Property is one parcel -
The approval of the site plan as proposed requires that a lot
consolidation be approved by the City Council and the necessary
resolution should be processed at the same time as the site plan
approval.
N/A Yes No
7. _ X _ Complies with standard utility /drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (10') in width adjoining all streets and six feet (6') in
width adjoining side and rear lot lines. (If easements are required
it is necessary for the owner to submit separate easement documents
executed and in recordable form prior to the issuance of any
building permits.)
8. X _ _ Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100
year high water elevation and conformance with the City's
comprehensive storm water requirements.
9. X All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
N/A Yes No
10. X All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is .their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated.
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
N/A Yes No
12. X _ All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
Hennepin County
MPCA
State Health Department
Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
13. X _ Complies with Storm Drainage Plan -
The site plan will be submitted to the City's consulting engineer
for review to see if it is in conformance with the City's
Comprehensive Storm Drainage Plan. All of their 'recommendations
shall be incorporated in a revised plan. The grading and drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
N/A Yes No
14. X _ Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
15. X Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
16. X _ _ Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
17. X _ Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W -2. This plate should be
referenced on the site plan.
18. X _ Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals.
19. X — Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
N/A Yes No
20. _ X All existing street right -of -ways are required width -
Additional right -of -way will be required on
21. _ X Complies with site drainage requirements -
The City will not permit drainage onto a City street from a private
parking lot; therefore, the site plan shall be revised accordingly.
4-
N/A Yes No
22. _ _ XX Curb and gutter provided -
The City requires B -612 concrete curb and gutter at all entrances
and where drainage must be controlled, Curb Stone may be used where
it is not necessary to control drainage. For traffic control either
B -612 or curb stone is required around the bituminous surfaced
parking lot. The site plan shall be revised to indicate compliance
with this requirement. A detail of the B -612 curb and gutter shall
be noted on the Site Plan.
23. _ X _ Complies with parking lot standards -
The City will require that all traveled areas within the parking
lot, as well as the proposed entrances, shall be constructed to a
7 -ton standard City design with six inches of Class 5 100% crushed
limestone and three inches of 2341 wear or five and one -half inches
of 2331 base and two inches of 2341 wear. All parking areas may be
constructed to a standard 5 -ton design consisting of four inches of
Class 5 100% crushed base and two inch bituminous mat. The site
plan shall be revised to indicate compliance with these
requirements.
STANDARDS:
N/A Yes No
24. _ X It will be necessary to contact Bob Fasching, the City's utility
foreman,
24 hours in advance of making any proposed utility connections to
the City's sanitary sewer and water systems. The developer shall
also be responsible for contacting Jim Kolstad of the Public Works
Department for an excavating permit prior to any digging within the
City's right -of -way. All connections to the water system shall be
via wet tap.
25. _ X The City will require reproducible mylar prints of sanitary sewer,
water service and storm sewer As- Builts for the site prior to
occupancy permits being granted.
26. XX The site plan complies with the City of Plymouth's current
Engineering Standards Manual. See Item 22.
5-
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
CITY OF
PLYMOUTI-F
October 4, 1990
Mr. Stan Tikkanen
INDEPENDENT SCHOOL DISTRICT #284
P.O. Box 660
Wayzata, MN 55393 -9990
SUBJECT: SITE PLAN FOR
ADDITIONAL PARKING FOR GLEASON LAKE ELEMENTARY SCHOOL (90065)
Dear Mr. Tikkanen:
The Engineering Department has completed their review of the above referenced
Site Plan.
The Engineer's Memo has been submitted to the Planning Commission for their
consideration at the October 10, 1990 meeting. If you have any questions
regarding the contents of the enclosed memo, please call me.
Sincerely yours,
KJ4
J n R. Sweeney
ssistant Engineer
JRS:do
enclosure
cc: Fred G. Moore, Director of Public Works
Daniel L. Faulkner, City Engineer
Don Munson, Asst. Bldg. Official
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000
Fxx SWUCK 9, -1a7I A
A zo M 7 • 1. 671 11 • ',/ 1 M'
2. $ Before any Corldi tional Use Permit may be granted, the
application therefore, shall be referred to the Planning Cammissicn for
purposes of evaluation against the standards of this section, Public
Hearing, and develogmnt of a reoamsindation 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) Ccupliance with and effect upon the Ca Vrehensive Plan.
2) The establishment, maintenance or operation of the conditional
use will pr 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 imiediate 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 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
Attachment to Conditional Use Permit, AUG 23 M
Independent School District 284
CITY OF PLYOV ; ;q
5. Brief Description of Request 0@,*ML NITY DEVEL(3PUEN7 !1='r'T.
After less than a year of operation of the Gleason Lake School, we have
found parking space is inadequate. The District is proposing to expand the
number of spaces by 45. A parking lot is proposed to be located to the
west of the school and north of the administration building. Additional
spaces are proposed to be located along the delivery drive on the north
side of the school.
This proposal also includes single monument type sign identifying the
school and administration buildings. The sign would be located by the
intersection of Highway 101 and 1st Avenue.
In addition the proposal identifies a paved delivery drive to the south
entrance of the building. This access is for occasional use only by school
district vehicles to make deliveries to or pickups from the gym.
And finally security lighting is provided in the new parking areas and
around the school.
We maintain the proposed project as submitted complies with the standards
set forth in Section 9 of the City's zoning ordinances. The six areas are
addressed as follows.
1. The existing and proposed use are in compliance with the City's
comprehensive plan.
2. The establishment, maintenance or operation of the conditional use
will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals or
comfort.
3. The proposed improvements to the site will not be injurious to the use
and enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor substantially diminish and impair
property values within the neighborhood
4. The establishment of the conditional use will not impede the normal
and orderly development and improvement of surrounding property for
uses permitted in the district.
5. Adequate measures have been taken to provide ingress, egress, out
parking so designed as to minimize traffic congestion in the public
streets.
6. The conditional use, does in all other respects, conform to the
applicable regulations of the district in which it is located.
1. That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a
particular hardship to the owner would result, as distinguished frcm a
mere inconvenience, if the strict letter of the regulations were to be
carried out.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not
applicable, generally, to other property within the scone zoning
classification.
3. That the purpose of the variation is not based exclusively upon a desire
to increase the value or income potential of the parcel of land.
4. That the alleged difficulty or hardship is caused by this Ordinance and
has not been created by any persons presently having an interest in the
parcel of land.
5. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in
which the parcel of land is located.
6. That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion of
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
neighborhood.
forms:o >pl /zon.stnd /s) 10/89
Iwo
moon
4
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450 F*
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: October 3, 1990 COMMISSION MEETING DATE: October 10, 1990
FILE NO.: 90072
PETITIONER: Independent School District #284 (Wayzata)
REQUEST: Amended Site Plan and Conditional Use Permit for Plymouth
Creek Elementary School
LOCATION: Southwest corner of 41st Avenue North and Vicksburg Lane
GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential)
ZONING: R -2 (MPUD 83 -1)
BACKGROUND:
By Resolution 88 -389, the City Council, on July 11, 1988, approved a Site Plan
and Conditional Use Permit for the construction of an elementary school of
80,000 square feet at the subject location. Concurrent with this action, a
Preliminary Plat was approved to create the site upon which the elementary
school has been constructed, and a Conditional Use Permit was issued to allow
alteration of the flood way adjacent to the school.
On January 23, 1989, the City Council, by Resolution 89 -31, approved
amendments to the Plymouth Creek School Site Plan including introduction of a
median in the most easterly curb -cut and rearrangement of parking.
The applicant now proposes additional amendments to the Site Plan for the
Plymouth Creek School to add six new parking spaces in the northwest corner of
the site and to construct a new monument sign at the corner of 41st Avenue
North and Vicksburg Lane.
Notice of this Public Hearing has been published in the official City
newspaper and mailed to all property owners within 500 feet. In addition, a
development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. As with the original Conditional Use Permit to allow a school in the R -1A
Zoning District, this proposal must respond positively to the six
Conditional Use Permit criteria. We have attached a copy of the six
criteria that must be addressed. The applicant, by a letter of September
13, 1990, has provided a response to those Conditional Use Permit criteria
which is also attached.
see next page)
File 90072
Page Two
2. The original application in this matter included additional parking spaces
at the extreme southeast corner of the site off the existing fire lane
that enters from Vicksburg Lane. During the Development Review Committee
consideration of this request, the petitioner, by a letter dated September
13, 1990, has voluntarily removed this additional parking request from the
application.
3. Approximately three weeks following the applications here under
consideration, staff observed that curb and gutter and asphalt work at the
Plymouth Creek Elementary School site had been completed with respect to
the parking lot improvements that were requested by this application. On
August 9, 1990, staff advised the applicant, by letter, that the
installation of the asphalt surfacing and curb and gutter prior to
approval of the Site Plan amendment created a violation to the Zoning
Ordinance. The applicant was further advised that he was not to use the
areas that were in violation of the Zoning Ordinance, and that if approval
was not forthcoming for those Site Plan amendments, all asphalt and
related curb and gutter would be required to be removed.
4. The parking lot amendment now proposed (in the northwest corner of the
site) and the monument sign both meet the applicable requirements of the
Zoning Ordinance and other City codes related to construction of that
type. No variances to the Zoning Ordinance or City codes are proposed.
PLANNING STAFF COMMENTS:
1. The amendment to the Conditional Use Permit meets the standards of the
Zoning Ordinance for all Conditional Use Permits.
2. The Site Plan amendment proposed regarding the addition of six parking
spaces at the northwest corner of the site and the installation of a
monument sign at the corner of 41st Avenue North and Vicksburg Lane meet
the standards of the Zoning Ordinance and all other related City codes,
ordinances and policies regarding that type of construction.
3. Asphalt surfacing remains in place at the southwest corner of the site,
north of and adjacent to the existing fire lane immediately west of
Vicksburg Lane. The application has been officially amended by the
applicant to remove this area from consideration for Site Plan amendment.
A conditional of approval to the Site Plan amendments that remain and the
amended Conditional Use Permit should be the removal of the asphalt
installed in violation of the Zoning Ordinance, and the restoration of the
sod over the entire area in which the asphalt is removed.
RECOMMENDATION:
I hereby recommend adoption of the attached resolution providing for the
approval of the amended Site Plan and Conditional Use Permit for the Plymouth
see next page)
ii
File 90072
f Page Three
Creek Elementary School to include the addition of six parking spaces and a
monument sign. The conditions of approval include a condition for the removal
of asphalt related to parking lot expansion that is not approved by this
action at the sou st corner of site.
Submitted by:
a
Charles E. Dillerud, ommunity Development Coor inator
ATTACHMENTS:
1. Resolution Approving Amended Site Plan and Conditional Use Permit
2. Engineer's Memorandum
3. Conditional Use Permit Standards
4. Applicant's Letter of September 13, 1990
5. Staff's Letter of August 9, 1990
6. Location Map
7. Large Plans
pc /cd /90072:dl)
APPROVING AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL
DISTRICT #284 (WAYZATA) FOR PLYMOUTH CREEK ELEMENTARY SCHOOL (90072)
WHEREAS, Independent School District #284 (Wayzata) has requested approval for
an amended Site Plan and Conditional Use Permit to construct six new parking
spaces and to construct a new monument sign for Plymouth Creek Elementary
School located at the southwest corner of 41st Avenue North and Vicksburg
Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Independent School District #284 (Wayzata) for an amended Site Plan and
Conditional Use Permit to construct six new parking spaces and to construct a
new monument sign for Plymouth Creek Elementary School located at the
southwest corner of 41st Avenue North and Vicksburg Lane, subject to the
following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
3. Any signage shall be in compliance with the Ordinance and the approved
sign plan.
4. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
5. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
6. Compliance with the applicable conditions of City Council Resolutions 88-
389 (original Site Plan) and 89 -31 (amended Site Plan and Conditional Use
Permit).
7. Removal of all asphalt north of the approved fire lane at the southeast
corner of the site and restoration of sod ground cover prior to use of the
six parking spaces approved elsewhere on the site and prior to issuance of
the monument sign permit.
f
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: October 4, 1990
FILE NO.: 90072
PETITIONER: Mr. Stan Tikkanen, Independent School District #284, P.O. Box 660,
Wayzata, MN 55393 -9990
SITE PLAN: ADDITIONAL PARKING FOR PLYMOUTH CREEK ELEMENTARY SCHOOL
LOCATION: West of Vicksburg Lane, south of 41st Avenue in the northeast 1/4 of
Section 17.
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. _ X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X SAC and REC charges will be payable at the time building permits are
issued. These are in addition to the assessments shown in No 1 and
No. 2•
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Site Plan approval:
4. Area assessments estimated - None.
5. Other additional assessments estimated: done.
LEGAL /EASEMENTS /PERMITS:
N/A Yes No
6. _ X _ Property is one parcel -
The approval of the site plan as proposed requires that a lot
consolidation be approved by the City Council and the necessary
resolution should be processed at the same time as the site plan
approval.
N/A Yes No
7. _ X —
1
L3
Complies with standard utility /drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (10') in width adjoining all streets and six feet (6') in
width adjoining side and rear lot lines. (If easements are required
it is necessary for the owner to submit separate easement documents
executed and in recordable form prior to the issuance of any
building permits.)
8. X _ _ Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100
year high water elevation and conformance with the City's
comprehensive storm water requirements.
9. _ X All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
N/A Yes No
10. X All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated.
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
UTILITIES AND TRAFFIC:
N/A Yes No
12. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR Bassett Creek
MN DOT Minnehaha Creek
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.
13. _ X _ Complies with Storm Drainage Plan -
The site plan will be submitted to the City's consulting engineer
for review to see if it is in conformance with the City's
Comprehensive Storm Drainage Plan. All of their recommendations
shall be incorporated in a revised plan. The grading and drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
N/A Yes No
14. X _ Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
15. X Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
16. X _ _ Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
M
17. X Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W -2. This plate should be
referenced on the site plan.
18. X _ _ Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals.
19. X _ _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
N/A Yes No
20. _ X _ All existing street right -of -ways are required width -
Additional right -of -way will be required on
21. _ X _ Complies with site drainage requirements -
The City will not permit drainage onto a City street from a private
parking lot; therefore, the site plan shall be revised accordingly.
4-
N/A Yes No
22. _ _ X Curb and gutter provided -
The City requires B -612 concrete curb and gutter at all entrances
and where drainage must be controlled, Curb Stone may be used where
it is not necessary to control drainage. For traffic control either
B -612 or curb stone is required around the bituminous surfaced
parking lot. The site plan shall be revised to indicate compliance
with this requirement. A detail of B -612 curb and gutter shall be
shown on the Site Plan.
23. _ X _ Complies with parking lot standards -
The City will require that all traveled areas within the parking
lot, as well as the proposed entrances, shall be constructed to a
7 -ton standard City design with six inches of Class 5 100% crushed
limestone and three inches of 2341 wear or five and one -half inches
of 2331 base and two inches of 2341 wear. All parking areas may be
constructed to a standard 5 -ton design consisting of four inches of
Class 5 100% crushed base and two inch bituminous mat. The site
plan shall be revised to indicate compliance with these
requirements.
ap
N/A Yes No
24. _ X It will be necessary to contact Bob Fasching, the City's utility
foreman,
24 hours in advance of making any proposed utility connections to
the City's sanitary sewer and water systems. The developer shall
also be responsible for contacting Jim Kolstad of the Public Works
Department for an excavating permit prior to any digging within the
City's right -of -way. All connections to the water system shall be
via wet tap.
25. X The City will require reproducible mylar prints of sanitary sewer,
water service and storm sewer As- Builts for the site prior to
occupancy permits being granted.
26. X The site plan complies with the City of Plymouth's current
Engineering Standards Manual. See Items 22. 25 and 27A.
5-
SPECIAL CONDITIONS REQUIRED:
27. A. The bituminous placed on the southeast corner of the site adjacent to the fire
lane shall be removed and re- sodded.
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
6-
CITY OF
PIYMOUTH-
October 4, 1990
Mr. Stan Tikkanen
INDEPENDENT SCHOOL DISTRICT #284
P.O. Box 660
Wayzata, MN 55393 -9990
SUBJECT: SITE PLAN FOR
ADDITIONAL PARKING FOR PLYMOUTH CREEK ELEMENTARY SCHOOL (90072)
Dear Mr. Tikkanen:
The Engineering Department has completed their review of the above referenced
Site Plan.
The Engineer's Memo has been submitted to the Planning Commission for their
consideration at the October 10, 1990 meeting. If you have any questions
regarding the contents of the enclosed memo, please call me.
Sincerely yours,
rZ i4lo
Jo R. Sweeney 4
sistant Engineer
0V
JRS:do
enclosure
cc: Fred G. Moore, Director of Public Works
Daniel L. Faulkner, City Engineer
Don Munson, Asst. Bldg. Official
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000
I!
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ti • :r•. i v • •c.
FKM SFX` CK 9, IS - r*r CK A
2. Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning CcMission for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a recarmendation to the City Council, which
shall make the final determination as to approval or denial.
a. The Planning Camission shall review the application and consider its
conformance with the following standards:
1) Ca pliance with and effect upon the Caq=ehenSive Plan.
2) The establishment, maintenance or operation of the conditional
use will prcwte 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 develop ent and itvarnnt 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
Way . ta
PUBLIC SCHOOLS
Independent School District 284
DISTRICT ADMINISTRATIVE OFFICES 210 COUNTY ROAD 101 NORTH P.O. BOX 660 WAYZATA, MN 55391.9990 (612) 476 -3100 FAX: (612) 476.3214
September 13, 1990
Chuck Dillerud
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55446
Subject: Plymouth Creek Elementary School (90072)
Dear Chuck:
District 284 hereby responds to the city's staff comments and observations
regarding the amended site plan and conditional use permit for Plymouth Creek
Elementary School. A response to each issue contained in your August 24, 1990
letter is as follows:
1. No further action has been taken.
2. An application for an amended conditional use permit is enclosed.
3. We are withdrawing our proposal to provide a parking area in the southeast
corner of the site.
4. The monument sign at 41st and Vicksburg is proposed to be installed with a
set back equal to the current parking lot.
5. The requested Graphics are contained on the enclosed survey.
6. As noted in Item 3 the hard surface area in the southeast corner is not
being proposed to be a parking area. We have provided protection in the
form of concrete bulwark
7. No southeast corner parking area is proposed as per our amended
application.
Continued on page 2
Ch=k. 0~ llerud, ^ __
City of Plymouth
September 13, 1990
Page 2
90072)
8. The following drainage calculations have been prepared by Mr. Mike
Remington of Inspec.
Rational Formula Q - CIA
Where Q - runoff rate in cfs
C - runoff coefficient
I - average rainfall intensity in inches/hour
A - drainage area in acres
1*W N.RTHW ST PARKING AREA
5 Year t
C - 0.95
I - 3.7 inches/hour
A • 0.0252 acres
Q - (0.95)(3.7)(0.0252) - 0.0886 cfs
C - 0.95
I - 6.0 inches/hour
A • 0.0252 acres
NEW SOUTHE T PARKING AREA
C - 0.95
I - 3.7 inches/hour
A - 0.0289 acres
Q - (0.95)(3.7)(0.0289) - 0.1016 cfs
Total - 0.1902 cfs
C - 0.95
I - 6.0 inches/'hour
A - 0.0289 acres
Q - (0.95)(6.0)(0.0252) - 0.1436 cfs Q - (0.95)(6.0)(0.0289) - 0.1647 cfs
Total - 0.3083 cfs
I believe all items currently in question have been addressed.
Sincerely,
Stan Tikkanen,
Executive Director
Finance and Business Services
SAT: nly
1
Attachment to Conditional Use Permit,
Independent School District 284
Project (90072)
5. Brief Description of Request
After less than a year of operation of the Plymouth Creek Elementary, we
have found parking space is inadequate. The District is proposing to
expand the number of spaces by 6. A parking lot is proposed at be located
to the north west side of the school.
This proposal also includes single monument type sign identifying the
school. The sign would be located by the intersection of 41st Avenue and
Vicksburg.
We maintain the proposed project as submitted complies with the standards
set forth in Section 9 of the City's zoning ordinances. The six areas are
addressed as follows.
1. The existing and proposed use are in compliance with the City's
comprehensive plan.
2. The establishment, maintenance or operation of the conditional use
will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals or
comfort.
3. The proposed improvements to the site will not be injurious to the use
and enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor substantially diminish and impair
property values within the neighborhood
4. The establishment of the conditional use will not impede the normal
and orderly development and improvement of surrounding property for
uses permitted in the district.
5. Adequate measures have been taken to provide ingress, egress, out
parking so designed as to minimize traffic congestion in the public
streets.
6. The conditional use, does in all other respects, conform to the
applicable regulations of the district in which it is located.
PARKINGCONDUSE
1
August 9, 1990
Mr. Stan Tikkanen
Independent School District #284
P.O. Box 660
Wayzata, MN 55391 -9990
CITY OF
PLYMOUTFF
SUBJECT: INDEPENDENT SCHOOL DISTRICT #284. AMENDED SITE PLAN AND CONDITIONAL
USE PERMIT FOR "PLYMOUTH CREEK SCHOOL" (90072)
Dear Mr. Tikkanen:
This will confirm our telephone conversation of today concerning the captioned
application. I relayed to you that I had passed the Plymouth Creek School on
my to work this morning and observed that the improvements covered by this
application are already in place. Both parking areas have been constructed.
The fresh asphalt in evidence.
Improvements to which I make reference, and covered by this application,
specifically have not as yet been approved by the City of Plymouth, and the
installation is in violation of the Plymouth Zoning Ordinance. As I reviewed
with you this morning, your application for these improvements was filed on
July 23, 1990, and the initial Development Review Committee comments on that
application were not available until August 7, 1990. The Development Review
Committee review of your application has not been completed, nor has review by
the Planning Commission or City Council. Installation of these improvements
is absolutely contrary to the development review process provided for by the
Zoning Ordinance.
By this letter, I am hereby informing you that the recent improvements to the
parking area of the Plymouth Creek School are in violation of the Zoning
Ordinance, and they are not to be used for parking purposes until such time as
an approval will be forthcoming for the Site Plan amendment. Please also be
advised that if such approval is not forthcoming, removal of this additional
parking will be,required. You are specifically advised not to proceed with
the new identification sign that is also a part of the application now under
consideration.
Should you have any questions concerning this matter, please do not hesitate
to contact me.
Sincerely,
Charles E. Dillerud
Community Development Co nator
cc: Blair Tremere, Community Development Director (dre /cd /90072:dl)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: October 4, 1990 COMMISSION MEETING DATE: October 10, 1990
FILE NO.: A -338
PETITIONER: Baton Corporation
REQUEST: Amended RPUD Preliminary Plan, Conditional Use Permit, and
Final Site Plan for "Parkview Apartments"
LOCATION: Southwest Corner of Old County Road 9 and 41st Avenue North
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: RPUD 76 -1 (Underlying R -1A)
BACKGROUND:
On December 5, 1983, the City Council, by Resolution 83 -657, approved an RPUD
Preliminary Plan /Plat, Conditional Use Permit, and Site Plan for the
development of this site with 211 dwelling units in 3 buildings. The approval
was subject to 13 conditions.
On August 26, 1985, the City Council, by Resolutions 85 -643 and 85 -644,
approved the Final Plat and Development Contract for "Parkside at Medicine
Lake" and reaffirmed the Site Plan approval for the Parkside Apartments at the
same 211 -unit size.
Proposed by this action is an amendment to the RPUD Plan and Final Site Plan
for the Parkside Apartments to allow construction of an additional 25 off -
street parking spaces together with the related and necessary amendment to the
Landscape Plan.
Notice of this Public Hearing has been published in the official City
newspaper and mailed to property owners within 500 feet. A development sign
has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. Amendment to a PUD Plan, Conditional Use Permit, and Final Site Plan
involves significant site alterations and requires review in the same
manner as the original PUD Plan, including the Public Hearing. The
standards of Section 9 of the Zoning Ordinance regarding PUD Preliminary
Plans together with the standards of Section 10 of the Zoning Ordinance
regarding Conditional Use Permits apply to the amendments in the same
manner that they applied to the original applications. Copies of those
standards are attached to the staff report.
see next page)
File A -338
Page Two
2. This application is the result of discussion between City staff and the
project owner concerning parking problems that have been observed related
to this project since 1987. Those problems have resulted in illegal
parking in fire lanes, on boulevards, and on the public street.
The applicant has submitted sketches of a proposed enlargement of the
parking lot for review by staff and has indicated a desire to resolve the
situation by the construction of additional onsite parking.
3. The most recent plan for additional off - street parking was submitted by
the applicant September 11, 1990, and has been reviewed by the Development
Review Committee. We have been unable to reach the owner concerning the
proposal since then. We are bringing the issue and proposal to a hearing
before the Planning Commission regardless due to the serious problems with
parking observed at this site.
4. Their proposed plan is to redevelop a landscape /fire lane area parallel to
41st Avenue North and north of the main entrance to the project to create
25 parking spaces as a mirror image of the 25 -car area located immediately
south of the main entrance to the project - -also parallel to 41st Avenue
North. Three of the proposed new parking spaces would encroach upon the
50' front setback, varying from 0' to approximately 8' of encroachment.
The existing landscape improvements and natural tree cover in this area of
the site would be altered with existing smaller trees relocated and larger
trees removed. Most of the existing naturally ocurring trees along 41st
Avenue North would be lost to the new parking area.
4. Community Development Department records concerning the original parkside
project show 226 garage spaces and 106 at -grade parking spaces were to be
constructed as a part of the approved Site Plan. This is 15 additional
spaces beyond the 317 that would be required to be constructed for
compliance with the Plymouth Zoning Ordinance off - street parking standards
of 1.5 spaces per dwelling unit (of which 1 space must be a garage).
Required minimum parking per the Site Plan approval has been constructed.
PLANNING STAFF COMMENTS:
1. The amendment of the Preliminary Plan, Conditional Use Permit and Site
Plan is responsive to the provisions of Section 9 of the Zoning Ordinance
regarding standards for RPUD Preliminary Plats and for Conditional Use
Permits.
2. The Site Plan presented, subject to the comments of the City Engineer in
his memorandum, will comply with the standards of the City of Plymouth
with respect to construction of parking areas. The encroachment of three
parking spaces into the front setback area to 41st Avenue North will not
result in a significant impact on either the project (though there is a
tree loss) or the general public and should be approved consistent with
see next page)
File A -338
Page Three
the flexibility available with respect to Zoning Ordinance standards
through the Planned Unit Development Ordinance.
3. This should, mitigate the continuing problems with tenant parking in this
area.
RECOMMENDATION:
I hereby recommend adoption of the attached. Resolution providing for an
approval to the RPUD Plan, Conditional Use Permit and Final Site Plan for the
Parkside Apartments to allow the construction of 25 additional off - street
parking spaces parallel to 41st Avenue and northerly of the main entrance to
the site. Conditions of this approval recommendation include compliance with
the provisions of the Engineer's Memorandum; the provision of detailed
construction plans for the proposed parking lot construction; and the
installation of new trees of a size consistent with the Landscape Policy as a
1 for 1 replace n or trees due toringing lot construction.
Submitted by:
Commaud, unity Development CoordinatorCarlesE. Di
ATTACHMENTS:
1. Draft Resolution Approving Amended PUD Plan, Conditional Use Permit and
Final Site Plan
2. Engineer's Memorandum
3. Developer's Letter of September 11, 1990
4. Location Map
5. Project Plan
pc /cd /A- 338:ld)
APPROVING AMENDED RPUD PLAN, CONDITIONAL USE PERMIT, AND FINAL SITE PLAN FOR
BATON CORPORATION FOR "PARKVIEW APARTMENTS" (A -338)
WHEREAS, Baton Corporation has requested approval for an amended RPUD Plan,
Conditional Use Permit, and Final Site Plan to allow construction of 25
additional off - street parking spaces for "Parkview Apartments" located at the
southwest corner of Old County Road 9 and 41st Avenue North; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Baton Corporation for an amended RPUD Plan, Conditional Use Permit, and Final
Site Plan to allow construction of 25 additional off - street parking spaces for
Parkview Apartments" located at the southwest corner of Old County Road 9 and
41st Avenue North, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
3. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
4. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
5. Submission and staff approval of an amended Landscape Plan showing
replacement of all trees lost to parking lot expansion for a 1 for 1 basis
at minimum size specified by the Plymouth Landscape Policy.
6. Compliance with applicable conditions of City Council Resolution 83 -657
RPUD Preliminary Plan and Conditional Use Permit) and 85 -644 (Final Plat
and Site Plan).
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 4, 1990
TO: C ck Dillerud, Community Development Coordinator
FROM: aniel L. Faulkner, City Engineer
SUBJECT: SITE PLAN AMENDMENT FOR ADDITIONAL PARKING
PARK SIDE AT MEDICINE LAKE A -338
The approving resolution for the Site Plan amendment shall include the
following conditions.
1. A Site Plan shall be submitted for approval.
2. A detail of the B -612 curb and gutter shall be shown on the Site Plan.
3. A typical section shall be noted on the Site Plan for the parking area.
4. Drainage calculations shall be submitted.
5. A Grading Plan shall be submitted.
6. The Grading Plan shall be submitted to Bassett Creek for their review and
approval.
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: October 4, 1990 COMMISSION MEETING DATE: October 10, 1990
FILE NO.: 90096
PETITIONER: CVN Companies, Inc.
REQUEST: Amended Site Plan and Zoning Ordinance Variances for the
Former "C.O.M.B.S." Building
LOCATION: Northwest Corner of 27th Avenue North and 28th Avenue North
14605 28th Avenue North)
GUIDE PLAN CLASS: I -P (Planned Industrial)
ZONING: I -1 (Planned Industrial)
BACKGROUND:
The original Site Plan for this location was approved for Arctic Enterprises
by Resolution 76 -672 on November 15, 1976, with no variances granted. A
Conditional Use Permit for the outdoor storage of snowmobiles was also
approved.
On June 4, 1979, the City Council adopted Resolution 79 -30 approving a Site
Plan amendment for Arctic Enterprises to construct a 14,000 square foot office
addition to the structure approved in 1976 by the previous action. Included
in this Site Plan approval was a 3 -foot building setback variance at the
northeast corner. A Conditional Use Permit was also approved to allow outdoor
storage of trucks and trailers south of the structure.
This application is by the current owner of the structure, CVN Companies, Inc.
for variances for structure setback and parking setback to reflect the "as-
built" status of the site versus the 1976 Site Plan and plans of 1979
approving variances.
A courtesy notice of this variance consideration has been mailed to all
property owners within 100 feet.
PRIMARY ISSUES AND ANALYSIS:
1. Section 11, Subdivision A, paragraph 12 of the Zoning Ordinance provides
that on proposals requiring Site Plan review pursuant to the Zoning
Ordinance, the City Council, upon the recommendation of the Planning
Commission, shall act as the Zoning Board of Adjustments and Appeals with
see next page)
File 90096
Page Two
respect to variances from the Zoning Ordinance proposed by the Site Plan.
The Zoning Ordinance criteria found in Section 11, Subdivision C of the
Zoning Ordinance apply to variances reviewed by this procedure in the same
manner as by the Zoning Board of Adjustments and Appeals. A copy of those
zoning variance criteria is attached to this staff report, together with
the applicant's responses to those criteria.
2. The variances requested based on the "as- built" survey prepared by the
petitioner are for a minimum setback of 32.79 feet versus the Ordinance
standard of 50 feet for the structure to 28th Avenue North and a minimum
parking setback of 25 feet versus 50 feet to the right -of -way line of 28th
Avenue North.
3. The applicant acquired this building in 1984, approximately 5 years after
the structure was constructed, and the structure encroachment beyond the
approved variance took place.
4. Review of aerial photography shows no parking located in the setback area
to 28th Avenue North as of April 1985. The parking area for which a
variance is now requested has been created by the applicant without the
benefit of a Site Plan amendment or a variance since the applicant
acquired the property in 1984.
5. A portion of the truck /snowmobile storage area on the south part of the
site is unimproved to accommodate those storage functions, and much of the
surfaced area is in disrepair. The storage Conditional Use Permit will
not transfer to the new owner.
PLANNING STAFF COMMENTS:
1. A hardship to the present building owner would result from compliance with
the Ordinance standards regarding structure setback since either the title
to the property would remain flawed, or the present building owner would
be required to remove 14.2 feet of the structure that has existed since
1979 if the variance for structure setback is not approved by the City.
Apparently the construction of the structure did not follow approved plans
and inspection during construction did not discover the discrepancy.
2. The requested setback variance and Site Plan amendment related to the
offstreet parking encroaching on the setback to 28th Avenue North does not
constitute a hardship since ample site area is available for offstreet
parking at other locations. Furthermore, we find that the setback
encroachment for parking has been created by the applicant in violation of
Ordinance standards with respect to the need for a Site Plan approval for
a site improvement. Removal of the asphalt related to the parking setback
encroachment, and the substitution of sod may prove inconvenient to the
see next page)
File 90096
Page Three
applicant but that certainly does not constitute a hardship such as
adjustment of the structure would.
3. Neither requested variance will be detrimental to the public welfare or
injurious to other land or improvements in this neighborhood, nor will
they impair an adequate supply of light and air to adjacent properties or
in any manner negatively impact the public welfare and safety, or diminish
property values within this neighborhood.
4. Except with respect to the variances requested, the Site Plan amendments
proposed remain consistent with the Ordinance standards in the same manner
as when originally approved in 1976 and 1979.
5. Now that CVN is apparently going to sell the site, the outdoor storage
Conditional Use Permit is no longer valid and unsurfaced storage areas
should be sodded as restoration.
RECOMMENDATION:
I hereby recommend approval of the Site Plan amendment and variance to allow
structure setback to 28th Avenue North of 32.79 feet versus the Ordinance
standard of 50 feet based on findings that the proposed variance meets the
standards for variances is provided for by the Zoning Ordinance.
I recommend denial of the variance for parking encroachment of a maximum of 25
feet versus the Zoning Ordinance standard of 50 feet to 28th Avenue North
based on the variance request not meeting the standards of the Zoning
Ordinance with respect to hardship, unique circumstances, and the alleged
difficulty created by the person presently having interest in the parcel of
land. The asphalt area that encroaches on the 28th Avenue North setback
should be removed and resodded with parking on this portion of the site
restriped to be consistent with the previously approved Site Plan. Also, the
ensurfaced former outdoor storage area sbould be restored with sod.
Submitted by:
arees L. uiiierua, Lommun ny ueveiopment coorainator
ATTACHMENTS:
1. Draft Resolution to Approve Amended Site Plan and Zoning Ordinance
Variance with Regard to Structure Setback
2. Draft Resolution to Deny Amended Site Plan and Zoning Ordinance Variance
with Regard to Parking Setback
3. Zoning Ordinance Variance Criteria
4. Petitioner's Letter of August 10, 1990 and September 4, 1990
5. Resolution 79 -300
6. Location Map
7. Large Plans
pc /cd /90096:dl)
APPROVING AMENDED SITE PLAN AND ZONING ORDINANCE VARIANCE FOR CVN COMPANIES,
INC. FOR THE FORMER C.O.M.B.S. BUILDING (90096)
WHEREAS, CVN Companies, Inc. has requested approval for an amended Site Plan
and Zoning Ordinance variance to allow structure setback to 28th Avenue North
of 32.79 feet versus the Ordinance standard of 50 feet for the former
C.O.M.B.S. buildin located at the northwest corner of 27th Avenue North and
28th Avenue North 14605 28th Avenue North); 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 should and hereby does approve the request by CVN
Companies, Inc. for an amended Site Plan and Zoning Ordinance variance to
allow structure setback to 28th Avenue North of 32.79 feet versus the
Ordinance standard of 50 feet for the former C.O.M.B.S. building located at
the northwest corner of 27th Avenue North and 28th Avenue North (14605 28th
Avenue North), subject to the following conditions:
1. Approval of the structure setback variance is based on a finding that the
Zoning Ordinance variance criteria are met.
2. No variance is approved for parking set back to 28th Avenue North. All
asphalt surface that encroaches within the set back area shall be reomoved,
and the disturbed area shall be sodded.
3. The unsurfaced former storage area on the site shall be sodded.
DENYING AMENDED SITE PLAN AND ZONING ORDINANCE VARIANCE FOR CVN COMPANIES,
INC. FOR THE FORMER C.O.M.B.S. BUILDING (90096)
WHEREAS, CVN Companies, Inc. has requested approval for an amended Site Plan
and Zoning Ordinance variance to allow for parking encroachment of a maximum
of 25 feet versus the Zoning Ordinance standard of 50 feet to 28th Avenue
North for the former C.O.M.B.S. buildin located at the northwest corner of
27th Avenue North and 28th Avenue North ?14605 28th Avenue North); 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 should and hereby does deny the request by CVN
Companies, Inc. for an amended Site Plan and Zoning Ordinance variance to
allow for parking encroachment of a maximum of 25 feet versus the Ordinance
standard of 50 feet to 28th Avenue North for the former C.O.M.B.S. building
located at the northwest corner of 27th Avenue North and 28th Avenue North
14605 28th Avenue North), based on the following findings:
1. The variance request does not meet the standards of the Zoning Ordinance
with respect to hardship, unique circumstances, and the alleged
difficulty created by the person presently having interest in the parcel
of land.
1. That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a
particular hardship to the owner would result, as distinguished from a
mere inconvenience, if the strict letter of the regulations were to be
carried out.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not
applicable, generally, to other property within the same zoning
classification.
3. That the purpose of the variation is not based exclusively upon a desire
to increase the value or income potential of the parcel of land.
4. That the alleged difficulty or hardship is caused by this Ordinance and
has not been created by any persons presently having an interest in the
parcel of land.
5. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in
which the parcel of land is located.
6. That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion of
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
neighborhood.
form :o >pl /zon.stnd /s) 10/89
350 PAHH AVENUE
NEW YORK, NEW YORK 10022
212)415 -9200
1330 CONNECTICUT AVENUE, N. W.
WASHINGTON, D. C. 20036
202)657 -0700
3 GRACECHURCH STREET
LONDON EC3V OAT, ENGLAND
01- 929 -3334
36, RUE TRONCHET
75009 PARIS, FRANCE
01- 42-66 -59 -49
FAR EAST FINANCE CENTER
HONG HONG
852 -5- 8612555
DOKSEY & WHITNEY
A P RSKIP INCLII MG PaoraasiOw COiP TIONS
2200 FIRST BANH PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
612) 340 -2600
TELEX 29-0605
FAX (612) 340 -2868
DENNIS BURATTI
612) 340 -2920
August 10, 1990
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Attn: Myra Gibson Wicklacz
Development Services Technician
Re: 14605 - 28th Avenue North
Dear Ms. Wicklacz:
FI L
Z 1- 43 -0014
340 FIRST NATIONAL BANK BUILDING
ROCHESTER, MINNESOTA 55903
507) 288 -3156
315 FIRST NATIONAL BANK BUILDING
WAYZATA,MINNESOTA 55391
612) 475-0373
1200 FIRST INTERSTATE CENTER
BLLLINOS, MONTANA 59103
406)232 -3800
201 DAVIDSON BUILDING
GREAT FALLS, MONTANA 59401
406)727 -3632
127 EAST FRONT STREET
MISSOULA, MONTANA 59802
406) 721 -6025
MR-ETH
AUG 13 1990
CITY Or PLYMOUTH
COMMUNITY DEVELOPMENT DEPT.
In your absence last week, I spoke with Chuck Dillerud in your office
concerning the apparent encroachment of the Northeast corner of the subject
building into the 50 -foot setback area along 28th Avenue North. Enclosed is a copy
of a survey of the property showing this encroachment. Mr. Dillerud indicated that,
upon your return, you would review city ordinances and records to determine the
following:
1) Is the current setback requirement indeed 50 feet considering the
unusual shape of the lot? ,
2) Assuming the current setback requirement is 50 feet, was that what it t
was when the building was built, or was it some lesser distance such SO
that this would be a lawful non - conforming condition? I enclose a
copy of the Certificate of Occupancy for the building issued in 1979.
However, it appears that the building was altered in 1984 (copy of
Inspection Record enclosed) and I am uncertain as to when the
encroaching portion of the building was constructed.
3) If the setback requirement was 50 feet when the encroaching portion of
the building was constructed, was a variance granted by the City?
DoBSEY & WHITNEY
City of Plymouth
August 10, 1990
Page 2
I will very much appreciate your looking into this and letting me know
what you discover. Thank you.
Very truly yours,
1
Dennis Buratti
DB /aal
Enclosures
cc: QVC Network, Inc.
Attn: Neal S. Grabell
Robert E. Heist
K, -'X
Attachment
CITY tic f"" L -Y 1 1 6 i H
DE`'R0eM!NT c T.
CVN Companies, Inc. is requesting the following variances from the
requirements of the zoning ordinance so as to conform with existing conditions at
the property:
1) Reduction in Minimum Front Yard Setback along 28th Avenue North
at Northeast corner of building from 50 feet to 32.75 feet.
2) Allowance of 8 parking stalls within 50 -foot front yard setback along
28th Avenue North.
These conditions are shown on the survey of the property by Alvin R. Rehder dated
August 3, 1990, which has previously been furnished to the City.
It appears that these conditions arose when the building was enlarged
in 1979 by a prior owner. An "approximate 3 foot building setback variance" was
granted at that time, but the building and parking lot that were constructed do not
conform exactly to the approved site plan.
Compliance with the Variance Criteria contained in the Zoning
Ordinance is demonstrated as follows:
1. Due to its frontage on both a curved street (28th Avenue North) and
another street (27th Avenue North), the front yard setback requirements are
applicable to all but one side of the lot.
2. Same as 1 above.
3. No request is being made to expand either the building or the parking
lot.
4. These conditions were created by a prior owner and were unknown by
the current owner until recently revealed by the survey.
5. These conditions have existed for more than 10 years, with no
detrimental consequences to the public welfare or other property in the
neighborhood.
6. The requested variances are solely for the purpose of authorizing the
continuance of the existing conditions, neither of which have had adverse affects.
CITY OF PLYMOUTH to
Pursuant to due call and notice thereof* a rAgulAr meeting of
the City Council of the City of Plymouth, Minnesota was Reld on the
4t_ day of June 19jl_. The following members were
present: elr
The following members were a sent: NnnP
CoWn ilmember Spaeth introduced the following P.enolutior. and
moved its adoption:
RESOLUTION 79 -300
APPROVING SITE PLAN FOR R.J. RYAN CONSTRUCTION COMPANY FOR ARTIC ENTERPRISES
AT NORTHWEST CORNER OF 27TH AND 28TH AVENUES NORTH (79032)
WHEREAS R.J. Ryan Construction Company has requested approval of a site plan
for an office addition at the northwest corner of 27th and 28th Aves. N.; and
WHEREAS the Planning Commission has reviewed said request and recommended
approval;
NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Plymouth,
Minnesota, that it should and hereby does approve the request of R.J. Ryan
Construction Company for site plan approval of a 14,000 square foot officeadditionlocatedatthenorthwestcornerof27thand28thAvenuesNorthsub-
ject to the following conditions:
1. North parking lot shall be delineated with concrete curbing in accordance
with City policy;
2. Minimum 7 foot setback from the north side of the existing building to
the designated parking spaces as per u riginal approved plans shall be
provided by means of a sidewalk or planted green strip;
3. Approximate 3 foot building setback variance is acki.owledged in the
northeast corner;
4. All waste and waste containers shall be stored within the structure;
5. Signs shall not exceed Code requirements;
6. Certain required parking spaces are deferred until such time they are
deemed necessary by the City and at which time additional parking spaces
shall be provided in accordance with City Ordinance and with approved
proof of parking plans.
7. Submission of required site improvement guarantee termed for 18 months,
which shall include parking lot improvements and landscape restoration.
The motion for the adoption of the foregoing Resolution was duly seconded by
Cg)unrilmemhPr N eettt1 , and upon vote being taken thereon, the
following vote z'avor t ereo —Mayor Hunt, Councilmembers Hoyt, Neils
and Spaeth '
The following voted against or abstained: None
Whereupon the Resolution was declared dulY-passed and ado te .
r