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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 2649.20 RES a1 R 01ST su.1e 5s9•n__r. -- s ( 3) 5 t+U 1! x(18) 8. + "• 1 fit- _ (6) loo an J 6) b 34 mss; LMtoc q 151. ^ q h 1 'T NO fogy B S _ (8) 8 too ... _ _... . a) ;R ( t) 9) ]es e 9 E' - N ag aS \ 1- y 1 Ir81N N I K S 1I o ( 2) w• ,, so. 1..... - 1 .... 719. 1t • a t p\ AVE N s 1 •s• 10 9 QJD 1 r s (7) . - (9) 1u - 1 1713. S .. 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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 t 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! z, 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 All xV moo w ii • r VA I J- 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. DLF:rcj:do ML A: IAl i Nis 1\ 411 11 1 1 3L , C a mom illf ae/ r V k i iji! MITI l!`I iii iTj -_ 6641 it n I• O_ Q 0 CL O U US' LU j R § R j |/ its I 2 || 2| a' !| {9 is l Im §| l ji b 41 va dS l- r c r 6*A9 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