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HomeMy WebLinkAboutPlanning Commission Packet 10-24-19906,0 Ao CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Oct. 15, 1990 COMMISSION MEETING DATE: Oct. 24, 1990 FILE NO.: 90094 PETITIONER: Terry and Kathleen LeDell REQUEST: Lot Division /Lot Consolidation and Subdivision Ordinance Variances LOCATION: Northeast Corner of Sunset Trail and Pineview Lane GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: No previous Community Development applications are of record concerning this property. Proposed is the division and reconsolidation of three lots of record to create four lots, one of which would be a building lot for a new single family residence. Also requested are Subdivision Ordinance variances for lot width at the setback line for three of the lots that would be created as a result of this action. A notice of Planning Commission consideration of these applications has been mailed, as a courtesy, to all property owners within 100 feet of the subject parcels. PRIMARY ISSUES AND ANALYSIS: 1. Section 500.37 of the Plymouth City Code provides for the division and consolidation of lots which are part of a recorded plat without the requirement that a Preliminary and Final Plat be prepared in accordance with the provisions of the Subdivision Ordinance. The parcels proposed to be divided and reconsolidated are all part of the recorded plat for Wilshire Gardens." 2. Section 500.41 of the Plymouth Subdivision Ordinance provides for standards and procedures related to the approval of variances from the dimensional standards of the Ordinance. The Ordinance provides for three criteria that must be met before a Subdivision Ordinance variance may be approved. A copy of those three criteria is attached to this staff see next page) File 90094 Page Two report. The applicant's letter of September 5, 1990, addressing reasons for the variance proposed is attached as well. The requested variances are as follows: a. For lot width at the setback line on Parcel B proposed to be 92.17 feet versus the Ordinance standard of 110 feet. b. For lot width at the front setback line on proposed Parcel D proposed to be 101.38 feet versus the Ordinance standard of 110 feet. c. For lot width at the front setback line on proposed Parcel C to be 102.20 feet versus the Ordinance standard of 110 feet. 3. Homes exist on proposed Parcels A, C and D. Parcel B is proposed to be a new parcel on which a single family detached home would be built if approved. 4. Proposed Parcel D is currently recorded as a long and narrow parcel with an existing lot width of proposed 101.38 feet on Sunset Trail; and, proposed Parcel C exists exactly as now proposed with a width of 102.20 feet at the setback line fronting Sunset Trail (the legal front yard per Zoning Ordinance definition). The majority of the single family lots that have been created fronting Sunset Trail between Pineview Lane and Magnolia Lane, both north and south of Sunset Trail, are of lot widths less than the 110 -foot Zoning Ordinance standard in the R -1A Zoning District similar to that found on Parcel C and Parcel D. 5. A technical solution would appear possible to overcome the need for the lot width variance for proposed Parcel B. The total requested variance is 17.83 feet (the 110 -foot Zoning Ordinance standard minus the 92.17 feet proposed as the lot width). If proposed Parcel B were increased in width by a relocation of the south property line southerly 17.83 feet (to result in the required 110 -foot frontage on Pineview Lane), the area of Parcels C and D would be reduced - -but not below the 18,500 square foot minimum for parcels in the R -1A Zoning District. Specifically, proposed Parcel C, after deducting 17.83 feet for addition to proposed Parcel B, would remain 18,614.54 square feet in area; and proposed Parcel D, after subtraction of the 17.83 feet, would remain 18,994.4 square feet in area. PLANNING STAFF CEMENTS: 1. Except with respect to the variances applied for and discussed below, the lot division /consolidation to create a new building lot is consistent with the provisions of the Subdivision Ordinance, Zoning Ordinance and the density recommendations of the Comprehensive Plan for LA -1 classified and R -1A zoned parcels. 2. The proposed variances for lot width at the front setback line with respect to proposed Parcel C and proposed Parcel D comply with the Subdivision Ordinance criteria for the approval of a Zoning Ordinance see next page) File 90094 Page Three variance. These are existing parcels of record with respect to lot width, and no option exists for property line adjustments to overcome the need for variances. The other Subdivision Ordinance variance criteria are complied with as well. 3. The requested variance for lot width at the setback line for proposed Parcel B does not meet two of the three the variance criteria of the Subdivision Ordinance. Specifically, we find as follows: a. There are no special circumstances or conditions affecting the specific property such that the strict application of the Subdivision Ordinance regarding lot width for proposed Parcel B would deprive the applicant of reasonable use of the land. A method to eliminate the need for the variance has been demonstrated. b. The variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. c. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. RECOMMENDATION: I hereby recommend approval of the lot division /consolidation together with the requested variances for lot width at the front setback for proposed Parcels C and D. I recommend the variance for lot width at the front setback line for proposed Parcel B be denied, and that the applicant be directed to adjust the south property line of proposed Parcel B 17.83 feet southerly to create a lot of not less than 110 feet frontage on Pineview Lane. Two resolutions setting conditions and approving variances are presented: one to approve variances for Parcels C and D and deny the variance for Parcel B; and, the other approving all thjAe variances. Submitted by: k 11k,64 A .QatJ '' 4 4AJV- s e's E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Resolution Approving Lot Division /Consolidation 2. Resolution Setting Conditions Prior to Filing and Approving Two Subdivision Ordinance Variances and Denying One Subdivision Ordinance Variance 3. Resolution Setting Conditions Prior to Ordinance Variances 4. Engineer's Memorandum 5. Subdivision Ordinance Variance Standards 6. Applicant's Letter of September 5, 1990 7. Location Map 8. Large Plans pc /cd /90094:dl) Filing and Approving Subdivision APPROVING LOT DIVISION /CONSOLIDATION FOR TERRY AND KATHLEEN LEDELL (90094) WHEREAS, Terry and Kathleen LeDell have requested approval for a lot division /consolidation for the creation of four lots located at the northeast corner of Sunset Trail and Pineview Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division /consolidation for Terry and Kathleen LeDell for property located at the northeast corner of Sunset Trail and Pineview Lane. EXISTING LEGAL DESCRIPTIONS PARCEL A The North Half of Lot 13, Block 2, Wilshire Gardens, Hennepin County, Minnesota PARCEL B The South Half of Lot 13, Block 2, Wilshire Gardens, Hennepin County, Minnesota PARCEL C Lot 12, Block 2, Wilshire Gardens, Hennepin County, Minnesota To be divided and consolidated as follows: PARCEL A That part of Lots 12 and 13, Block 2, Wilshire Gardens, Hennepin County, Minnesota, which lies north of the following described line: Commencing at the northwest corner of said Lot 13; thence on an assumed bearing of South 01 degrees 08 minutes 50 seconds West along the west line of said Lot 13 a distance of 203.52 feet to the northwest corner of the South Half of said Lot 13 and the point of beginning of the line to be described; thence North 87 degrees 35 minutes 47 seconds East along the north line of the South Half of said Lot 13 and its easterly extension a distance of 201.63 feet to the east line of said Lot 12 and there terminating. except the South 92.17 feet thereof. see next page) Resolution No. File90094 Page Two PARCEL B The South 92.17 feet of that part of Lots 12 and 13, Block 2, Wilshire Gardens, Hennepin County, Minnesota, which lies north of the following described line: Commencing at the northwest corner of said Lot 13; thence on an assumed bearing of South 01 degrees 08 minutes 50 seconds West along the west line of said Lot 13 a distance of 203.52 feet to the northwest corner of the South Half of said Lot 13 and the point of beginning of the line to be described; thence North 87 degrees 35 minutes 47 seconds East along the north line of the South half of said Lot 13 and its easterly extension a distance of 201.63 feet to the east line of said Lot 12 and there terminating. PARCEL C The South Half of Lot 13, Block 2, Wilshire Gardens, Hennepin County, Minnesota. PARM n That part of Lot 12, Block 2, Wilshire Gardens, Hennepin County, Minnesota which lies south of the following described line: Commencing at the northwest corner of Lot 13, of said Block 2; thence on an assumed bearing of South 01 degrees 08 minutes 50 seconds West along the west line of said Lot 13 a distance of 203.52 feet to the northwest corner of the South Half of said Lot 13 and the point of beginning of the line to be described; thence North 87 degrees 35 minutes 47 seconds East along the north line of the South Half of said Lot 13 and its easterly extension a distance of 201.63 feet to the east line of said Lot 12 and there terminating. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division /consolidation is approved by Hennepin County. SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION /CONSOLIDATION, APPROVING SUBDIVISION ORDINANCE VARIANCES FOR TERRY AND KATHLEEN LEDELL (90094) WHEREAS, the City Council has approved a lot division /consolidation for Terry and Kathleen LeDell for property located at the northeast corner of Sunset Trail and Pineview Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division /consolidation: 1. Compliance with the City Engineer's Memorandum. 2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 3. Payment of park dedication fees -in -lieu of dedication prior to issuance of building permit in accordance with City Policy in effect at that time. 4. No building permit is to be issued until the lot division /consolidation is filed with Hennepin County. 5. Submittal of all necessary utility easements prior to filing with Hennepin County. 6. Approved variances are: a. Lot width of 102.20 feet at versus the Ordinance standard b. Lot width of 101.38 feet at versus the Ordinance standard c. Lot width of 92.17 feet at versus the Ordinance standard Approval is based on compliance Subdivision Ordinance. the front setback line for Parcel C of 110 feet. the front setback line for Parcel D of 110 feet. the front setback line for Parcel B of 110 feet with the variance criteria of the SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION /CONSOLIDATION, APPROVING TWO SUBDIVISION ORDINANCE VARIANCES AND DENYING ONE SUBDIVISION ORDINANCE VARIANCE FOR TERRY AND KATHLEEN LEDELL 90094) WHEREAS, the City Council has approved a lot division /consolidation for Terry and Kathleen LeDell for property located at the northeast corner of Sunset Trail and Pineview Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division /consolidation: 1. Compliance with the City Engineer's Memorandum. 2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 3. Payment of park dedication fees -in -lieu of dedication prior to issuance of building permit in accordance with City Policy in effect at that time. 4. No building permit is to be issued until the lot division /consolidation is filed with Hennepin County. 5. Submittal of all necessary utility easements prior to filing with Hennepin County. 6. Approved variances are: a. Lot width of 102.20 feet at the front setback line for Parcel C versus the Ordinance standard of 110 feet. b. Lot width of 101.38 feet at the front setback line for Parcel D versus the Ordinance standard of 110 feet. Approval is based on compliance with the variance criteria of the Subdivision Ordinance. 7. The requested variance for lot width on Parcel B of 92.17 feet versus the Ordinance standard of 110 feet is denied based on noncompliance with the variance criteria of the Subdivision Ordinance. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: October 17, 1990 FILE NO.: 90094 PETITIONER: Terry and Kathleen LeDelle, 3106 Manor Drive, Golden Valley, MN 55433 LOT DIVISION /CONSOLIDATION:LOTS 12 AND 13, BLOCK 2, WILSHIRE GARDENS HENNEPIN COUNTY, MN LOCATION: North of Sunset Trail, east of Pineview Lane, in the southwest 1/4 of Section 35 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. 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 Lot Division /Consolidation approval: 4. Area assessments: parcel B, watermain area $790, sanitary sewer area S440. 5. Other additional assessments estimated: Parcel B, sanitary sewer lateral 92.35 feet x $23.59 per foot - $2,178.54. Watermain lateral 92.35 feet x $22.50 per foot - $2,077.87. EGAL. / EASEMENTS / PERMITS : 6. _ _ 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.) N/A Yes No 7. 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 Drainage Plan. 8. X _ Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: 9. X _ All standard utility easements required for construction The following easements will be required for construction of utilities 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. 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. 12. _ _ X All existing street rights -of -way are required width - Additional right -of -way will be required: seven feet of additional tight -of -way will be required for Sunset Trail. Submitted by: Daniel L. Faulkner, P. E. City Engineer 2 00.39. Sea Level Elevations Required. All surveys submitted i nection with applications for waivers of the provisions of Minnesot utesI Section 462.358, Subdivision 4, or for division or consolidati ots or tracts as provided in Section 500.37 shall show thereon se elevations at 50 foot intervals. 500.41. Variances. Subdivisi General Conditions. The Planning Commission may recommend a v ce from the provisions of this Section as to specific properties whe its judgement, an unusual hardship on the land exists. In granti variance, the Commission may prescribe conditions that it deems nece or desirable in the public interest. In making its find- ings, as red below, the Commission shall consider the nature of the pro- pose of the land and the existing use of land in the vicinity, the number o rsons to reside or work in the proposed subdivision, and the probable No variance shall be granted unless the Commission finds: a) That there are special circumstances or conditions affecting the specific property such that the strict application of the provisions of this Section would deprive the applicant of the reasonable use of the land. b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. c) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is located. The Commission findings in granting or denying a variance shall be in writing and filed with the City Clerk. Subsection shall be submitted in writing by the owner or subdivider at me the preliminary plat is filed for consideration by the Planning C sion, and shall state all facts relied upon by the applicant, and shat supplemented with maps, plans or other additional data which may aid ommission in the analysis of the proposed project. The plans for su velopment shall include such covenants, restrictions or other legal pr ons necessary to guarantee the full achievement of the plan for the p sed project. 500.43. Com liance• Waivers• Bui Permits. Subdivision 1. Conveyance of and. Any person who conveylsowa by metes and bounds or by reference to an unapproved plat or regist land survey in violation of the provisions of Minnesota Statutes, Se on 462.358, Subdivision 4, is subject to the penalty provisions 6f that ion. Subd. 2. iver of Compliance. In any case where compliance with the provisions Minnesota Statutes, Section 462.358, Subdivision 4 will create an unnecess hardship and failure to comply will not interfere with the purpose of th ection, the City Council may by resolution waive compliance with this Sub tion, provided, however, that the proposed conveyance has been reviewed b he Plannin and the Commission has found that it complies with NhdWRRRwBT—this e September 5, 1990 To the Planning Commission, SEP urry OF We are writing this letter to supplement the paperwork for the lot consolidation /division application we are making. I would like to explain the need for the front footage variance we are requesting that you grant. The land that we are proposing to become our homesite now looks as if it is an empty lot and, while not unattractive, we believe the land could be put to better use as the site of the home we plan to build and live in. We have been looking for over 2 years for an affordable lot in this area and believe that we have now found the ideal lot for us. Doing the lot consolidation /division in the manner we have proposed would require only one variance for our new lot. We saw no other way to do it without the need for other variances. We believe that our new home would be an addition to the neighborhood and in that sense would benefit Plymouth. We do not feel that it would cause hardship to anyone. Without this variance we believe this land would have to remain permanently vacant. We do plan to build on the lot and live in the house ourselves. We plan on staying for the long term and are not doing this as any form of land speculation. We believe the changing of the lot lines will only increase the value of Ms. Donnelly's property as she would then have a large normally shaped lot. This will not change Mr. Stonelake's value significantly as he will still have a large lot. Both parties also feel that this would be a good use of the land. Most lots in the area appear to have no more than 100 feet of front footage, so we do not believe our 92.35 footage would be out of place, especially since we will not be crowding any existing structure on either side. We very much hope that you will grant our application for lot consolidation /division and approve of the one variance we are requesting. Thank you very much for your time and consideration. Sincerely, Terry & Kathleen LeDell WMNi IIMU OCT 9 1990 CITY car- -t-dLymou-TK lo,- QCo9y Lld" LIV&I 4&A_ C) o 0-tA- I F (010 1 Ji Fill IalX, 5a. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Oct. 15, 1990 COMMISSION MEETING DATE: Oct. 24, 1990 FILE NO.: 90091 PETITIONER: Amoco Oil Company REQUEST: Amended MPUD Preliminary Plan, MPUD Conditional Use Permit and MPUD Final Site Plan for Service Station /Convenience Store /Car Wash LOCATION: Southwest Corner of Plymouth Boulevard and Rockford Road GUIDE PLAN CLASS: CC (Community Center) ZONING: MPUD 78 -2 BACKGROUND: On November 17, 1980, the City Council, by Resolution 80 -828, approved an MPUD Preliminary Plan and Plat for "Plymouth Hills," including the subject parcel. The PUD Plan specified the use of the subject parcel for an "Auto Care Center." On January 19, 1981, the City Council, by Resolutions 81 -36 and 81 -37 approved the Final Plat that included this site together with a Development Contract. The Development Contract specifically references design considerations for this specific site. No Final MPUD Site Plan was approved for the site at that time. On June 10, 1981, the Planning Commission deferred consideration of an application for Site Plan approval for Amoco Oil Company on this parcel. The MPUD Final Site Plan submitted had a number of plan deficiencies, and the direction of the Planning Commission upon deferral was to meet with the Development Review Committee and correct those plan deficiencies. By August 1981, the plan deficiencies had not been corrected, and the City withdrew the application for nonresponse. The current applications for this parcel are for an amended PUD Preliminary Plan, MPUD Conditional Use Permit and an MPUD Final Site Plan. The PUD Plan amendment and Final Site Plan are for the construction of an Auto Care Center including gasoline service, convenience retail, and a self- service car wash. 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 also been placed on the property. 1- PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes to construct an to the one that has been constructed Vinewood Lane and County Road 9. convenience store would occupy 1,560 be attached by the canopy structure, feet. automobile service facility similar for Amoco near the intersection of The service station cashier and square feet, and the car wash would and occupy an additional 792 square 2. The applicant proposes site design features inconsistent with the B -2 Zoning District standards that would apply to this site that are MPUD Preliminary Plan amendments since the original MPUD Preliminary Plan approval made no reference to modifying zoning district standards at this location. A deviation from zoning district dimensional standards proposed by this PUD Plan amendment are as follows: a. Projection of the proposed canopy 6 feet into the required 75 -foot setback to Plymouth Boulevard versus the Ordinance standard for such encroachment by canopies of 4 feet, 6 inches. b. Setback from the structure to adjacent drive area of a minimum of 4 feet versus the Ordinance standard of 10 feet. c. Deferral of the requirement for the construction of 25 off - street parking spaces based on a "proof -of- parking" plan which shows that those spaces could be constructed if required at a later date. A total of 11 offstreet parking spaces are proposed to be constructed. 3. Review of the MPUD amended Preliminary Plan and MPUD Conditional Use Permit is responsive to the provisions of Section 9, Subdivision B, Paragraph 6b with regard to plan changes requiring a Public Hearing by the Planning Commission and adoption by the City Council. The basis for the Planning Commission recommendation to the City Council regarding the amended PUD Plan is the same as for an original PUD Plan, and is found in Section 9, Subdivision B, Paragraph 5j. The amended plan must be compatible with the purposes and intent of the Planned Unit Development Ordinance; possess a positive relationship to the neighborhood in which it is proposed to be located, the City Comprehensive Plan and other provisions of the Zoning Ordinance; and, demonstrate internal organization and adequacy of various uses or densities, circulation in parking facilities, and recreation areas and open spaces. The PUD Conditional Use Permit shall also be reviewed for consistency with the six Conditional Use Permit standards found in Section 9, Subdivision A, Paragraph 2a. A copy of those standards is attached to this staff report together with the petitioner's letter of August 30, 1990, in which he addresses the basis for the proposals that have been submitted. 4. The site is located in the Bassetts Creek Watershed District and contains no Shoreland or Flood Plain Overlay Districts; no wetlands or woodlands; no slopes over 12 percent; and, is designated by the Plymouth Physical Constraints Analysis to be suitable for urban development with municipal utilities. The site has been mass graded and has no existing natural resource features that must be addressed in site design. 2- 5. Except with respect to the design variations noted above, the Site Plan presented complies with the minimum standards of the Zoning Ordinance and other related City ordinances, policies and standards with respect to setbacks; internal stacking and circulation; trash containment (as a separate brick enclosure with a cedar door); signage (a single freestanding sign meeting Ordinance specifications and wall signage meeting Ordinance specifications); site illumination (none over .5 -foot candles crossing property lines); roof top mechanical screening (black acrylic screen around all roof top equipment proposed); and site engineering details (as conditioned by the City Engineer's memorandum). 6. The Landscape Plan proposed is responsive to the numerical standards of the Plymouth policy regarding site landscaping. This is a high visibility site at the intersection of two thoroughfare streets and visible to two residential sites (to the north and to the east). Screening of the vehicular activity that will concentrate at this site from the adjoining thoroughfares and the residential properties to the north and east is required by the provisions of Section 10, Subdivision B, Paragraph 3 and Section 10, Subdivision B, Paragraph 5d. The applicant proposes a combination of conifer shrubs (Mint Julep Juniper); a 2 -foot berm; and a 4 -foot difference in elevation between the grade of the site parking area and the grade of existing Rockford Road to provide the required screening on the north side of the site. The east site frontage to Plymouth Boulevard and the residential usage east of Plymouth Boulevard is not proposed to receive a berm or coniferous screening beyond three areas where 2 -foot coniferous shrubs would be planted. 7. The City of Plymouth Statement of Policy and Standards and Criteria Regarding Site and Building Aesthetics and Architectural Design Resolution 88 -253) provides for nonresidential development to include screening through man -made and natural features such as berming; use appropriate materials, textures, colors and construction detail to assure compatibility with adjacent and neighboring structures and functions; and, to provide evident protection of adjacent and neighboring property through reasonable provisions of sound and site buffers. This Site Plan represents the initial nonresidential building to be constructed in the northeast corner of the commercial segment of the Plymouth Hills Planned Unit Development. The standard of design established by this initial Site Plan will set the "theme" for future site designs for lands that lie both south and west of this site within the commercial section of the Plymouth Hills PUD. Careful consideration to the resulting appearance of this site is therefore warranted responsive to the City policy on architectural appearance and site design. 8. Section 14.6 of the Development Contract approved concurrent with the Final Plat for "Plymouth Hills," of which this site is a portion, specified, "Yard setbacks shall be per Zoning Ordinance; specifically, front yard setbacks along Plymouth Boulevard, new County Road 9 and Vicksburg Lane shall be no less than 75 feet and shall be developed with substantial berming, and landscaping (added by City Council on January 19, 1981) and landscaping." It is clear that the City Council, in 1981, was concerned with the site design of this area of "Plymouth Hills" as well. 3- PLANNING STAFF COMMENTS: 1. The amended MPUD Preliminary Plan and Final Site Plan are consistent with the approved General Development Plan for this parcel, except with respect to setbacks as noted below. 2. The proposed MPUD Final Site Plan is consistent with the related City of Plymouth ordinances, codes and policies regarding the design of sites in this zoning classification, except with respect to setbacks and site screening as noted below. 3. The MPUD Conditional Use Permit application is responsive to the six standards required to be demonstrated for any Conditional Use Permit, except with respect to the impact on the enjoyment of other properties in the immediate vicinity with respect to the screening of the site to adjacent residential uses. 4. Determination of the relationship between the requested PUD Ordinance flexibility (such as the setback dimensional adjustments requested by this application) and PUD attributes originally provided by an application a decade earlier is difficult. A more reasonable approach is to compare the PUD attributes related to site design and appearance that are now proposed with the Zoning Ordinance dimensional flexibility that is now requested. The acceptability of the proposed canopy setback encroachment to the 75- foot setback area from Plymouth Boulevard can and should be directly related to the degree of effort on behalf of the applicant to screen the overall site from both Plymouth Boulevard and the residential uses across Plymouth Boulevard to the east. To a lesser degree, but with certain logic, the Zoning Ordinance adjustments involving the deferral of off - street parking construction; drive isle setback to the west property line; and drive isle setback to the structure will result in more potential on -site congestion and site utilization than the Zoning Ordinance would otherwise provide. As such, it is reasonable to expect that such additional site utilization be subject to enhanced screening from adjoining thoroughfares and residential districts as mitigative compensation. We find the plan proposed for this site does not adequately screen the site from Plymouth Boulevard and the residential uses east of Plymouth Boulevard, as anticipated both by the Development Contract and by the Zoning Ordinance provisions with respect to site screening of nonresidential uses from residential districts. Berm and conifer treatment of the Plymouth Boulevard setback area should be enhanced to reduce the impact of the site lighting vehicular activity and expansive asphalt that will otherwise be visible. A condition of approval of the applications related to this proposal should be that the Grading and Landscape Plans be amended to provide effective screening to the east over the entire site frontage without reduction in the landscaping or berming now proposed for the other site exposures. "Effective" will be held to mean buffering, year around, to a degree cited by the ordinance (90 percent opacity). MM RECOMMENDATION: I hereby recommend adoption of the attached resolution providing for approval of the amended MPUD Preliminary Plan and Conditional Use Permit and approval of the MPUD Final Site Plan subject to the standard conditions for such approvals together with a 'condition related to the screening of the site from Plymouth Boulevard an residential ict ea of lymouth Boulevard. Submitted by: Char. e . Dilleru , Co nTty Development Coordinator ATTACHMENTS: 1. Amended MPUD Preliminary Plan and Conditional Use Permit and MPUD Final Site Plan 2. Engineer's Memorandum 3. Applicant's Letter of September 20, 1990 4. Excerpt from the Development Contract for Plymouth Hills 2nd Addition 5. Approved General Development Plan Including the Site 6. Location Map 7. Large Plans pc /cd /90091:dl) 5- APPROVING AMENDED MPUD PRELIMINARY PLAN, MPUD CONDITIONAL USE PERMIT AND MPUD FINAL SITE PLAN FOR AMOCO OIL COMPANY (90091) WHEREAS, Amoco Oil Company has requested approval for an amended MPUD Preliminary Plan, MPUD Conditional Use Permit and MPUD Final Site Plan for a service station /convenience store /car wash located at the southwest corner of Plymouth Boulevard and Rockford Road; 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 Amoco Oil Company for an amended MPUD Preliminary Plan, MPUD Conditional Use Permit and MPUD Final Site Plan for a service station /convenience store /car wash located at the southwest corner of Plymouth Boulevard and Rockford Road, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Park dedication requirements regarding this parcel have been previously satisfied consistent with the terms of City Council Resolution 78 -661. 3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within one year of the date of this resolution. 5. Any signage shall be in compliance with the Ordinance and the approved Final Site Plan. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within and enclosure, and no outside storage is permitted. 9. An 8k x 11 inch "As Built" Fire Protection Plan and a 24 x 36 inch As Built" Utility Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 10. The Landscape Plan shall be amended to enhance screening of the site from Plymouth Boulevard and the residence district to the east to comply with Paragraph 14.6 of the Development Contract for "Plymouth Hills" and Paragraph 5 of City Council Resolution 88 -253 (Statement of Policy and Standards and Criteria Regarding Site and Building Aesthetics and Architectural Design) with respect to screening. Conifer trees of at least 6 feet shall be planted along the entire Plymouth Boulevard site frontage at a rate of 1 tree for each 15 lineal feet of frontage. 11. No outside storage or display of products is approved except as regulated by City Ordinance. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: October 17, 1990 FILE NO.: 90091 PETITIONER: Mr. Brent Visser, Krech, O'Brien, Mueller and Wass, Inc., 6115 Cahill Ave., Inver Grove Heights, MN 55076 SITE PLAN: AMOCO OIL COMPANY SERVICE STATION /CONVENIENCE STORE LOCATION: Southwest quadrant of County Road 9 and Plymouth Boulevard in the southwest 1/4 of Section 16. 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. 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: These are in addition to the assessments shown in No. 1 and No. 2. 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. For the additional trail easement in the northeast corner of the nronerty. 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 X 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. The watermain shall be noted as ductile iron pipe and the sanitary sewer service as PVC. 16. X _ _ Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 17. _ X _ Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. This plate should be referenced on the site plan. 18. _ _ X Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and N/A Yes No 20. X All existing street right -of -ways are required width - Additional right -of -way will be required on 21. _ X Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ _ X Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. A detail shall be provided for the B -612 curb and gutter. 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`G crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. A detail shall be provided for the pavement sect'on. A 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 11 12 15, 18, 23, 24A. 24B. 24C, 24D. 24E and 24F. 5- SPECIAL CONDITIONS REQUIRED: 27. A. Plan and profile sheets, along with specifications, will be required for the 24" storm sewer. B. The 1j" water service to serve the store and car wash may be taken off the 6" watermain, that is being extended to the west property line. C. Details shall be provided for the catch basins and manholes for the storm sewer system. D. A typical detail shall be provided for the concrete sidewalk. E. An easement for the trail shall be provided in the northeast corner of the property. F. Storm sewer calculations shall be provided to check the revised design for the on -site storm sewer system. G. The driveway approached to County Road 9 and Plymouth Boulevard shall be stop sign controlled. Submitted by: o 47 ' Daniel L. Faulkner, P. E. City Engineer KRECH, O'BRIEN, MUELLER W SS, INC. ARCHITECTS ENGINEERS 6115 CAHILL AVENUE INVER GROVE HEIGHTS, MN 55076 612.451.4605 August 30, 1990 HUHN@ qoo Of i City of Plymouth SEP 4 100 Planning Division 3400 Plymouth Blvd. CITY OF PLYMOUTHPlymouth, MN 55447 COMMUNITY DEVELOPMENT DEPT, Re: Proposed Amoco Service Station at Co. Rd. 9 & Plymouth Boulevard Amoco Oil Company Wishes to construct a gasoline service station at the corner of old County Road 9 and Plymouth Boulevard. The Facility would include a 1500 s.f. convenience store, four MPD dispensers with canopy, and an automatic car wash. Amoco Oil Company submits these drawings to request approval of a conditional use permit and site plan approval. In 1979 this site was approved for use as a service station within a PUD development zone. We wish to ammend that PUD agrement and develop the site as indicated on the site plan. Amoco Oil Corporation has strived to serve the public interest, through the establishment of service stations that are readily accessible to the public, well maintained and are designed with the safety of the public in mind. Amoco Oil Corporation has set high standards to ensure the continued operation of their facilities above industry standards. Current development in the area would be well served with the addition of the amoco station. The residences to the east and north would have a gasoline service nearby and be able to purchase convenience items. The placement of the Amoco station would have a minimal impact on the residential use for the following reasons. County road no. 9 and Plymouth Boulevard create a barrier separating the use of the site from the multifamily residential use across the respective roads. The increase in traffic to the area would have a minimal impact on the surrounding properties. There would be virtually no increase in the background noise level over the current level generated by Co. Rd. no 9 and Plymouth Blvd. Proposed landscaping along County Road no 9 and Plymouth Boulevard soften the transition to the residential uses. Care has been taken to ensure that light from the site will not be directed onto adjacent property. The Service station use will blend with any commercial development to the south and west. Current development in the area would not be affected by the development of this site as a service station. The addition of this facility would enhance the area as a commercial center. Preliminary development of the site has provided access points located at the remote property lines from the intersection of county Road 9 and Plymouth boulevard. To provide better access to the site one additional access point is asked for along Plymouth Boulevard. This would facilitate easier access to persons traveling south along Plymouth Boulevard.The interior circulation was designed to permit stacking for six spaces at each fueling island and ten spaces at the car wash. The western side of the site permits an establishment of a 24 ft. wide fire lane. We have strived to design the fueling station to comply with the local zoning ordinances, as outlined for a b -2 district. However due to the layout of the site we ask for two varriances. First, we ask for an increase in the dimension that a canopy may project into the building setback area. This becomes necessary due to the narrowness of the site. Specifically the site is 164 ft. deep with required setbacks of 75 ft in the front and 35' in the rear. Additionally the rear of the site requires a 24' fire lane and a minimal 4' wide sidewalk to ensure public safety. With a required setback for the fire lane of ten feet, the rear of our building is required to be 38 ft. from the property line. This results in us not being able to move the building back to comply with the required front yard setback setback. The zoning code would allow a canopy to project 4 ft. 6 in. into the setback area we are asking for an increase in this dimension to 6 ft. Second, we ask for a reduction in the requirement of a 1Q ft. side walk around the building as indicated on the site plan. For the same reasons as outlined above for the rear of the building. The reduction on the east side is a result of the traffic pattern to meet the requirement for 6 stacking spaces. The reduction on the north and south sides is to facilitate the requirement of additional future parking spaces for the car wash. Additionally we ask for postponement of the construction of the required 25 Parking stalls for the car wash. The site plans indicate where these stalls could be located at a future date at the direction of the city. Total site area 60,958 s.f. 100% Building area 2,352 s.f. 4% Paved area 37,606 s.f. 61% Green Area 21,000 s.f. 34% Sincerely, Brent Visser RRECH O'BRIEN MUELLER AND WASS INC. cc Steve Amick kTi • • s; v r x AMP W.Ce of Coapl d 5+r',rc1i vi s i an Prior to acceptance of the cnmpl etrd su5d i vi s i on by City Council , i t wi 11 he a necessary to furnish tiro follor:ing affidavits: Contractor's Certificate Engineer's Certificate t h ov r 1 ILS e. Land Survcyo:•'s Certificate r p ' 4 +J d. valo;er's Certificate EVE C) certi , 4nq that all construction has been cc i,1let.;d ir; accordcncc t•;; tn_ erns o. the cor,tr'aG*.. 11.i All necess \ Pesolutn e:il' be furni: had by the City of FlyrouL`,h. 11.3 Upon: recei affidavits (Paroereph 11.1 a:ove) 3r:.' Cite Enc;ino leted +:,orl: by PcceptF.;, the Ci *.; Council ;i 11 tr regt,este: ac the completed jTub11C 1t'!p1 C1'e e!t? S. by forma] of the City Council. 12. PlatEpro12.? PrelirAi-, 3r a !•oved by Resolution No. _W-BZ by the City Cc ;•ic-;1 on ^ Novetg ^_ subject to Five 5 cond;tion .p. 12.2 13. 14. Final Plat and Develop:nEnt ntract were approved by Resolution 111o. 81_36 by the City Council on _ nuary 19, 1981 Lr ;nd Dedi ceted for F u ')l i c Use , ar :s and Private Recr •rti on Areer Other Conditions 14.1 Compliance with the City Engineer's randa for this property. 14.2 A right -in, right -out single joint drive all be provided between Vicksburg Lane and Plymouth Boulevard onto Cou d 9, and if acceleration and de- acceleration lanes are requir y shall be provided at the developer's expense. 14.3 Site layout i ng public curb cuts for the auto care center on Lot 1, Block 1 shall b Jett to site plan approval.. 14.4 shall be no'curb cut access onto Vicksburg lane. All d 's en se. 4.6 Yard setbacks shall be per zoning ordinance; specifically, front yard setbacks along Plymouth Boulevard, new County Road 9 and Vicksburg Lane shall be no less than 75 feet and shall be developed with substantial berming, and landscaping added by City Council on 1- 19 -81). _.J 12- A t 4K; t M G. I i A co c v; L - S-V 3I NI fo Cade CoPAer LOCATION MAP 90091 io 4? 263595 RES ov ( 34) as'.% W3AG 001 1 5 10 317-27 Ia -VM. Kim 70) 3N. 26 (2 °1) sr 2 24) Z rp) no 1 .6aPLYMUTHHILLS5THAIDIDN 27 25 Am (263) 22 lK 13 ra.1;11 3 25 3 is ZF 21 Oct, STUART ADDN IL2), ( 5) 7 6) Ipl 7) loo ss?.2 19 0 swr• 23) 0 4) 00) r S.C. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Oct. 16, 1990 COMMISSION MEETING DATE: Oct. 24, 1990 FILE NO.: 90090 PETITIONER: John McKee REQUEST: Lot Division /Lot Consolidation and Waiver of Subdivision Ordinance LOCATION: 1345 Juneau Lane and 1415 Kingsview Lane GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: On May 16, 1983, by Resolution 83 -253, the City Council approved a Conditional Use Permit for Michlitsch Builders on behalf of John and Mary Walters to allow construction of a residence at less than the required setback distance from the ordinary high water mark of Parkers Lake. The setback distance approved was 58 feet versus the Ordinance standard of 75 feet. The Walters' parcel is the northerly portion of this lot division /consolidation site. Proposed is a division from the northerly parcel small triangle of land, and the concurrent consolidation of the triangle with the southerly parcel. The purpose is to provide the southerly parcel additional water frontage to Parkers Lake. Because the southerly parcel (Parcel B) is an unplatted parcel described by metes and bounds, a waiver of the Subdivision Ordinance is also necessary to accomplish the lot division /consolidation action requested. PRIMARY ISSUES AND ANALYSIS: I. Section 500.37 of the City Code (the Subdivision Ordinance) provides that the owner of lots or tracts that are part of a recorded plat or registered land survey may apply to divide and consolidate such lots or tracts without the need for a formal platting process consistent with the terms of the Subdivision Ordinance. Parcel A of this application (the northerly parcel) is Lots 6, 7, and 8, Block 6 "Sunset Acres," and therefore platted property. 2. The southerly parcel (Parcel B) of this application is not part of a recorded plat or registered land survey. The parcel exists as a metes and bounds description. As such, this parcel does not comply with the see next page) File 90090 Page Two prerequisite of Section 500.37 the parcels for which division /consolidation is requested must be 1patted. 3. The applicant proposes to divide off a parcel of approximately 1,850 square feet gross (approximately 400 square feet above the ordinary high water mark of Parkers Lake) from Parcel A (the northerly parcel) and consolidate the 1,850 square feet with Parcel B (the southerly parcel). While Parcel B will increase in width only 12 feet at the ordinary high water mark, the effective increase in width at the current shoreline will be from 4 feet to 55 feet after the division /consolidation action. Parcel B now effectively has no lake frontage, and will have 55 feet of lake frontage if the division /consolidation action is approved as proposed. 4. The existing structure on Parcel B is nonconforming as to side setback to the north (a minimum of 1.3 feet versus the Ordinance standard of 15 feet); and nonconforming as to the setback of the accessory detached garage structure to the east (minimum 4.8 feet versus the Ordinance standard of 35 feet). No changes in the degree of nonconformity with respect to these two setbacks will result from the applications now under consideration. 5. Existing Parcel B (the southerly parcel) now has a lot width of approximately 35 feet at the ordinary high water mark versus the Shoreland Overlay District Standard of 75 feet. The proposed division /consolidation action will increase this lot width to approximately 51 feet thereby reducing the degree of nonconformance with shoreland regulations. 6. The southerly parcel has an existing lot area of 14,131 square feet versus the Shoreland Overlay District standard of 15,000 square feet and the R -1A Zoning District standard of 18,500 square feet. The proposed division /consolidation action will increase the lot area for the southerly parcel to approximately 15,981 square feet, thereby making the southerly parcel a standard parcel under the Shoreland regulations, and less nonconforming with respect to R -1A District standards. The northerly parcel will reduce in size from 27,800 square feet to 25,950 square feet, and remain in compliance with both shoreland and R -1A Zoning District standards as to lot area, and all other specifications. PLANNING STAFF COMMENTS: 1. A variance from the provision of Section 500 -37 to allow a division /consolidation where one parcel (Parcel B) is unplatted is consistent with the variance criteria of the Subdivision Ordinance. 2. The lot division /consolidation proposed with the variance approved is consistent with the provisions of the Plymouth Subdivision Ordinance regarding such actions. see next page) File 90090 Page Three 3. The lot division /consolidation will not increase the nonconformity of either effective parcel, and will reduce the nonconformity of the southerly parcel with respect to lot width at the ordinary high water mark and lot area with respect to both Shoreland and R -1A Zoning District standards. RECOMMENDATION: I hereby recommend approval of the proposed waiver of the Subdivision Ordinance with respect to the southerly parcel and the lot division /consolidation application, as proposed subject to the standard conditions related,i"o #,such actions. --\ 1 Submitted by: arles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Resolution Approving Lot Division /Consolidation 2. Resolution Setting Conditions Prior to Recording of Lot Division /Consolidation and Approving Subdivision Variance 3. Engineer's Memorandum 4. Petitioner's Communication of August 29, 1990 5. Location Map 6. Large Plans pc /cd /90090:dl) APPROVING LOT DIVISION /CONSOLIDATION FOR NORMA B. AND JOHN M. MCKEE TRUST AND JOHN WALTERS (90090) WHEREAS, the Norma B. and John M. McKee trust and John Walters have requested approval for a lot division /consolidation to change the location of the property line between parcels located at 1345 Juneau Lane and 1415 Kingsview Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division /consolidation for the Norma B. and John M. McKee trust and John Walters for property located at 1345 Juneau Lane and 1415 Kingsview Lane. EXISTING LEGAL DESCRIPTIONS PARCEL A Lots 6, 7 and 8, Block 6, "Sunset Acres" PARCEL B That part of Government Lot 1, Section 28, Township 118, Range 22, described as follows: Commencing at the most easterly corner of Block 5, Sunset Acres "; thence southwesterly along the southerly lines of Blocks 5 and 6 in said addition 296 feet to the actual point of beginning of the tract of land to be described; thence southerly deflecting 67 degrees, 10 minutes to the left from the last described line a distance of 118 feet; thence westerly deflecting 92 degrees, 57 minutes to the right from the last described line a distance of 251 feet to a point in the extended southerly line of Block 6 of said Addition, distance 271.6 feet southwesterly from the actual point of beginning; thence northeasterly 271.6 feet to the actual point of beginning. Together with an easement for road purposes over that part of Government Lot 1, Section 28, Township 118, Range 22, lying north of a line drawn parallel with and distant 20 feet southeast of the southeast line of Block 5 and its extension to the most northerly corner of the above - described land and over that part of said Government Lot 1 lying west of a line drawn parallel with and 20 feet east of the east line of the above - described land as contained in Book 1899 of Deeds, Page 430, Document No. 2711188. To be divided and consolidated as follows: PARCEL A Lots 6, 7 and 8, Block 6, "Sunset Acres ", according to the recorded plat thereof; except that part of said Lot 8 lying southerly of the following described line: Commencing at the southeast corner of said Lot 8; thence southwesterly along the southeasterly line of said Lot 8 a distance of 176.00 feet to the point of beginning of the line to be described; thence westerly deflecting to the right 25 degrees 47 minutes 00 seconds about see next page) Resolution No. File 90090 Page Two 75.00 feet to the easterly shoreline of Parkers Lake and said line there terminating. PARCEL B That part of Lot 8, Block 6, "Sunset Acres ", according to the recorded plat thereof lying southerly of the following described line: Commencing at the southeast corner of said Lot 8; thence southwesterly along the southeasterly line of said Lot 8 a distance of 176.00 feet to the point of beginning of the line to be described; thence westerly deflecting to the right 25 degrees 47 minutes about 75.00 feet to the easterly shoreline of Parkers Lake and said line there terminating; also, That part of Government Lot 1, Section 28, Township 118, Range 22, described as follows: Commencing at the most easterly corner of Block 5, Sunset Acres "; thence southwesterly along the southerly lines of Blocks 5 and 6 in said addition 296 feet to the actual point of beginning of the tract of land to be described; thence southerly deflecting 67 degrees, 10 minutes to the left from the last described line a distance of 118 feet; thence westerly deflecting 92 degrees, 57 minutes to the right from the last described line a distance of 251 feet to a point in the extended southerly line of Block 6 of said Addition, distance 271.6 feet southwesterly from the actual point of beginning; thence northeasterly 271.6 feet to the actual point of beginning. Together with an easement for road purposes over that part of Government Lot 1, Section 28, Township 118, Range 22, lying north of a line drawn parallel with and distant 20 feet southeast of the southeast line of Block 5 and its extension to the most northerly corner of the above - described land and over that part of said Government Lot 1 lying west of a line drawn parallel with and 20 feet east of the east line of the above - described land as contained in Book 1899 of Deeds, Page 430, Document No. 2711188. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division /consolidation is approved by Hennepin County. d i SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION /CONSOLIDATION FOR JOHN MCKEE (90090) WHEREAS, the City Council has approved a lot division /consolidation for John McKee located at 1345 Juneau Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division /consolidation: 1. Compliance with the City Engineer's Memorandum. 2. No yard setback variances are granted or implied. 3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 4. Submittal of all necessary utility easements prior to filing the lot division /consolidation with Hennepin County. 5. A variance is approved to allow the division /consolidation of property pursuant to Seciton 500.37 of the Subdivision Ordinance including an unplatted parcel based on compliance with the variance standards of the Subdivision Ordinance. r' City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: October 18, 1990 FILE NO.: 90090 PETITIONER: Mr. John McKee, 15120 Northwest Salish Street, Ramsey, MN 55309 LOT DIVISION /CONSOLIDATION:PARCELS 28- 118 -22 -43 -0011 AND 28- 118 -22 -43 -0003 LOCATION: West of Kingsview Lane, east of Parkers Lake, south of 14th Avenue in the southeast 1/4 of Section 28. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. _ x Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. 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 Lot Division /Consolidation approval: 4. Area assessments: None. 5. Other additional assessments estimated: None. 6. _ _ X Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (101) 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.) A six foot drainage and utility easement will be required over the new north and south property line. In the north 6 feet and smith 6 feet and east _10 feet of Parcel C. N/A Yes No 7. X X M 10. _ _ X 11. _ _ X 12. 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 Drainage Plan. A drainage easement for ponding shall be TeQU;reri to an elevation of 938.0 over Parcel C. Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: All standard utility easements required for construction The following easements will be required for construction of utilities 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 vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The developer may want to petition the City to vacate a 10 EiR 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. All existing street rights -of -way are required width Additional right -of -way will be required on Submitted by: K Daniel L. Faulkner, P. E. City Engineer Mr. John McKee 15129 Northwest Salish Street Ramsey, MN 55309 SUBJECT: LOT CONSOLIDATION /DIVISION PARCELS 28- 118 -22 -43 -0011 AND 28- 118 -22 -43 -0003 () Dear Mr. McKee: The Engineering Department has completed their review of the above referenced Lot Consolidation /Division. The Engineer's Memo has been submitted to the Planning Commission for their consideration at the October 24, 1990 meeting. I believe the memo is self - explanatory. If you have any questions regarding the contents of the enclosed memo, please call me. AeirelZyors,, R. Sweeney sstant Engineer JRS:do enclosure cc: Fred G. Moore, Director of Public Works Daniel L. Faulkner, City Engineer Don Munson, Asst. Bldg. Official Robert Johnson, Senior Engineering Technician 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000 t .. City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: October 18, 1990 FILE NO.: 90090 PETITIONER: Mr. John McKee, 15120 Northwest Salish Street, Ramsey, MN 55309 LOT DIVISION /CONSOLIDATION:PARCELS 28- 118 -22 -43 -0011 AND 28- 118 -22 -43 -0003 LOCATION: West of Kingsview Lane, east of Parkers Lake, south of 14th Avenue in the southeast 1/4 of Section 28. N/A Yes No X _ Watermain area assessments have been levied based on proposed use. 2. x Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division /Consolidation approval: 4. Area assessments: None, 5. Other additional assessments estimated: None, 6. _ _ 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.) A six foot drainage and utility easement will be required over the new north and south property line In the north 6 feet and south 6 feet and east 10 feet of Parcel C. N/A Yes No 7. 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 Drainage Plan. A drainage easement for offing shall be red to an elevation of 938.0 over Parcel C. X _ Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: 9. X _ — All standard utility easements required for construction The following easements will be required for construction of utilities 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. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore,, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The develoner may want to petition the City to vacate a 10 M-F 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. 12. X _ _ All existing street rights -of -way are required width - Additional right -of -way will be required on Submitted by: 2 Da - / I,- Daniel L. Faulkner, P. E. City Engineer AM SHERMAN GOLDBERG & ASSOCIATES 12115 48TH, AVE.N. PLYMOUTH, MN 5544' AUGUST 29, 1'x=3, CHUCK DILLERUD PLANNING DEPT CITY OF PLYMOUTH 3400 PLYMOUTH BLVD. PLYMOUTH, MN 55447 RE: LOT DIVISION /LOT CONSOLIDATION(28 -43 -0003) NORMA & JOHN MoK:EE TRUST & JOHN WALTERS DEAR CHUCK: ENCLOSED PLEASE FIND AN APPLICATION FROM THE ABOVE RE: PARTIES FOR THE LOT CONSOLIDATION /LOT DIVISION AT 134S JUNEAU LANE - 141= KINGSVIEW LANE. THE M_KEE'- TRUST ARE DESIROUS OF PURCHASING A PORTION OF THE WALTERS LOT FOR THE PURPOSE OF ADDING LAKE SHORE TO THEIR PRESENT PROPERTY. AT PRESENT THEIR LOT COMES, TO A POINT AS SHOWN ON THEIR SURVEY. THIS CONFIGURATION COUPLED WITH THE LOW WATER LEVEL OF PARKERS LAKE, PROVIDE A MINIMAL AMOUNT OF LAK:ESHORE FOR THE McKEE'S LOT. THE McKEE'S ARE A WILLING BUYER AND THE WALTERS'= AS A WILLING SELLER. ONLY THE METHOD OF ACCOMPLISHING THE TRANSACTION REMAINS TO BE SETTLE IN ORDER THAT THE RESULT CAN BE FILED WITH THE COUNTY RECORDER'S OFFICE. THE PARTIES ARE REQUESTING THE TRANSACTION BE ACCOMPLISHED BY THE "LOT DIVISION / ONSOLIDATION" PROCEDURE. THE CITY ORDINANCE FOR PLATTING LAND, ALLOWS THE CITY COUNCIL TO APPROVE SUCH A REQUEST BY MEANS OF AN AMENDMENT TO THE PLATTING ORDINANCE. ON THE NEXT PAGE IS THE NARRATIVE WHICH SPEAKS TO THE "VARIANCE STANDARDS" WHICH MUST BE SATISFIED IF A VARIANCE IS TO BE GRANTED BY THE PLANNING COMMISSION. IF YOU HAVE ANY QUESTIONS PLEASE CALL ME AT SS9- 1955. THANKS. SHERMAN GOLDI ERC, P. E. cc McK:EE' WALTERS'S SUBDIVISION CODE VARIANCE STANDARDS NARRATIVE I.- GENERAL CONDITIONS THE APPLICANT IS DESIROUS OF IMPROVING THEIR LOT BY ACQUIRING A SMALL PORTION OF THE ADJACENT LOT OF HIS NEIGHBOR. A VARIANCE TO THE PLATTING SECTION OF THE SUBDIVISION CODE, ALLOWING THE LAND TO BE TRANSFERRED BY MEANS OF A LOT DIVISION! CONSOLIDATION PROCEDURE IN LIEU OF PLATTING, HAS BEEN APPLIED FOR. WE FEEL IT IS THE QUICKEST AND EASIEST WAY OF HANDLING THIS LAND TRANSFER. A. -THERE ARE SPECIAL TERMS & CIRCUMSTANCES THAT WARRANT THE APPROVAL OF THIS REQUEST. THE REQUEST CONCERNS A VERY SMALL PORTION OF PARCEL A" BEING TRANSFERED TO PARCEL "C ". THE PURPOSE OF ADDING PARCEL "B" TO PARCEL "C" IS TO "SQUARE" OFF "C" AND PROVIDE IT WITH DECENT LAKESHORE FOOTAGE. WITH THE PRESENT LOT CONFIGURATION AND FLUCTUATION OF LAKE LEVELS, THE SHORELINE FOR PARCEL "C" IS MINIMAL. THERE ARE NO UTILITIES. STREETS OR OTHER SUCH ITEMS THAT WARRANT THE NEED OF A DEVELOPMENT CONTRACT. BOND OR LETTER OF CREDIT, REQUIRED WITH A FINAL PLAT. THE REQUIREMENT TO PLAT IS NOT NECESSARY IN THIS TYPE OF TRANSACTION. THE STRICT APPLICATION OF THE PROVISION. OF THIS ORDINANCE WOULD DEPRIVE THE APPLICANT OF THE REASONABLE USE OF HIS LAND. B. -THE RECIPIENT HAS TO TRESPASS, ON THE GRANTOR'S LAND INORDER TO GAIN ACCESS TO THE LAKE. THE VARIANCE IS NECES SARY FOR THE PRESERVATION AND ENJOYMENT OF THEIR PROPERTY RIGHTS. IT WILL ALSO PROVIDE THE RECIPIENT THE FULL USE OF HIS PROPERTY AND PRESERVE HIS RIGHT TO ACCESS THE LAKE WITHOUT TRESSPASS. C. -THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO OTHER PROPERTY IN THE AREA. IT WILL HAVE A POSITIVE EFFECT ON PARCELS "A" & "B ". THE ALTERING OF THE LOT LINE WILL NOT EFFECT THE GENERAL PUBLIC. 2. -AN APPLICATION HAS BEEN APPLIED FOR. 1 5A. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Oct. 12, 1990 COMMISSION MEETING DATE: Oct. 24, 1990 FILE NO.: 90084 PETITIONER: Greenwalt Development, Inc. /M.G. Astleford Company REQUEST: Preliminary Plat, Amended General Development Plan, and Rezoning for "Bass Lake Plaza" LOCATION: Northeast Corner of Nathan Lane and 56th Avenue North GUIDE PLAN CLASS: CS (Service Business), CN (Nei hborhood Retail) and LA -3 High Medium Density Residential ZONING: FRO (Future Restricted Development) BACKGROUND: The history of development actions regarding this area of the City extends back to the mid -'70s, with the approval of the original General Development Plan for the "Bass Lake Plaza." That General Development Plan addressed the Ford dealership and the Chevrolet dealership location, as well as the location of 56th Avenue North and Nathan Lane, and specified various retail and service uses together with high density residential development for the balance of this area. Since no public water and sewer facilities were available until the late 1980s, no development took place with the exception of the Ford and Chevrolet dealerships, with the balance of the development remaining as outlots. The development of the Chevrolet dealership resulted in the Bass Lake Plaza 2nd Addition, and the development of the Ford dealership expansion resulted in the Bass Lake Plaza 3rd Addition. The balance of Bass Lake Plaza lying west of the two car dealerships and extending 200 feet westerly of Nathan Lane remained as outlots pending the installation of public water and sewer. On July 10, 1989, by Resolution 89 -357, the City Council approved the Final Plat for the Bass Lake Plaza 4th Addition. This plat created the site upon which the SuperAmerica service station was subsequently approved and designated the balance of the Bass Lake Plaza site lying east of Nathan Lane and north of 56th Avenue North as "Outlot A." On December 4, 1989, the City Council, by Resolution 89 -770, approved amendment to the 1987 resolution approving the Bass Lake Plaza 3rd Addition, which addresses the grading and filling of the Bass Creek Drainage Area. One requirement of this amendment was the execution of a mitigation landscaping see next page) File 90084 Page Two plan by the landowner prior to submission of a Final Plat for the area that is covered by this and the related site plan (90085) application. The Landscape Mitigation Plan has not been executed as of the date of this staff report. Proposed by this application is a revised Preliminary Plat, General Development Plan and rezoning covering the entire area of the Bass Lake Plaza development that is not now final platted or developed; and, a parcel adjacent to County Road 10 near the north center of the Bass Lake Plaza development that has always been considered a part of the development for planning purposes, but has never been included in any of the previous Preliminary or Final Plats covering Bass Lake Plaza. Notice of this public hearing has been published in the official City newspaper, and all property owners within 500 feet have been notified. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes a Preliminary Plat /General Development Plan and rezoning covering a 30.63 -gross acre site made up of Outlot A, Bass Lake Plaza 4th Addition; Outlot B, Bass Lake Plaza; and an unplatted parcel of approximately 4.5 acres lying north of Outlot A, Bass Lake Plaza 4th Addition. The Preliminary Plat and General Development Plan propose creation of four lots /blocks, three of which are designated for retail commercial use, and one of which is designated as a multiple residence site. A fifth parcel is specified as an outlot for "conservation easement." The plat also proposes the extension of 57th Avenue North and 56th Avenue North westerly, together with the extension of Nathan Lane southerly to the south plat border. The street extensions proposed by the plat are all either anticipated by the Thoroughfare Guide Plan or previous plat /plan actions regarding adjoining properties. The rezoning to B -2 (Shopping Center Business), B -3 (Service Business) and R -4 (High Density Multiply Residence) proposed is consistent with the General Development Plan and the Land Use Guide Plan. 2. The proposed plat is located in the Shingle Creek Watershed District with the exception of a small portion of the extreme southwest corner, which is located in the New Hope Outlet Watershed Subdistrict. The Bass Creek Drainage Corridor extends through the site from west to east along the northern periphery, resulting in the site being located in a Shoreland and Flood Plain Management Overlay Districts, as well as containing both state- and federally - regulated wetlands related to the Bass Creek Drainage Corridor. No other wetlands are found on the site. 3. An area of the site related to the Bass Creek Drainage Corridor and adjacent to County Road 10 contains a limited amount of woodlands designated as significant by the Physical Constraints Analysis. The site see next page) File 90084 Page Three does contain some slopes of greater than 12 percent related to the Bass Creek Drainage Corridor. With the exception of the Bass Creek Drainage Corridor, the site is found by the Plymouth Physical Constraints Analysis to be generally suitable for urban development with municipal sewer systems. 4. Development activity related to the Bass Creek Corridor is subject to an agreement between the property owner, the City of Plymouth and the Minnesota Department of Natural Resources that specifies certain mitigation actions required to compensate for the developer placing a portion of Bass Creek passes through proposed Lot 1, Block 4 in a covered pipe. The mitigation includes perpetual preservation of proposed "Outlot A" by a conservation easement. This development proposal specifies execution of that mitigation plan with proposed "Outlot A" remaining in the ownership of the party owning Lot 1, Block 4, but forever remaining in its natural state as a conservation easement. In addition, the mitigation plan approved by Resolution 89 -770 requires that new trees be planted along the east and north property lines responsive to a specific plan. The petitioner has submitted a concurrent Final Plat for this area under File 90085. He contends that the original condition regarding the timing of mitigation tree planting anticipated site grading rioter to Final Plat application, and concurrent Preliminary Plat /Final Plat /Site Plan application processing was not anticipated. They suggest the planting of trees at this time would be counter - productive because Site Plan /Final Plat site work now planned would result in damage or removal of many of the new trees. The petitioner requests amendment to the timing of the tree planting to coincide with the Site Plan landscaping activity related to File 90085. 5. Review of conventional subdivision plats is responsive to the Plymouth City Code Section 500. Section 500.05, Subdivision 3 specifies that the Planning Commission shall hold a Public Hearing on the proposed plat and make its recommendations with respect to the proposed plat to the City Council following that Public Hearing. A Preliminary Plat and General Development Plan must be responsive to the Plymouth Comprehensive Plan; the technical elements of .the Subdivision Ordinance and Zoning Ordinance with respect to dimensions of the parcels proposed to be created; and the provisions of the Subdivision Ordinance with respect to design standards, particularly Section 500.15, Subdivision 5 regarding the "Conservation and Preservation of Natural Environment." 6. The Development Review Committee has analyzed the proposed plat and General Development Plan for compliance with the Subdivision Ordinance, Zoning Ordinance, Comprehensive Plan, and other City codes, ordinances and see next page) File 90084 Page Four policies that relate to conventional subdivision plats. The Preliminary Plat and General Development Plan meet the standards of the City with respect to this type of plat and this Land Use Guide Plan classification. Specifically, the lot sizes and dimensions proposed are at or above Zoning Ordinance standards; land uses proposed by the General Development Plan are consistent with the Land Use Guide Plan classifications that exist for this area of the City; the street dedications proposed are in alignment consistent with previously approved developments adjoining this site, and consistent with the Thoroughfare Guide.Plan segments of the Plymouth Transportation Plan with respect to minor collectors Nathan Lane and 56th Avenue North, west of Nathan Lane. The proposed plat and General Development Plan also respond to the provisions of the Subdivision Ordinance with respect to the conservation and preservation of natural environment based on continued compliance with the provisions of City Council Resolution 89 -770 concerning development activities and a mitigation plan for the Bass Creek drainage area within the plat. PLANNING STAFF COMMENTS: 1. The amended General Development Plan, Preliminary Plat, and rezoning application are responsive to the Plymouth Comprehensive Plan specifically the Land Use Guide Plan and Transportation Plan Elements) and the standards of the Plymouth Subdivision Ordinance and Zoning Ordinance with respect to Preliminary Plats in the zoning districts proposed. 2. We recommend the condition related to be carried forward as a condition to the Site Plan /Final Plat application s executed once approved the original will be realized. RECOMMENDATION: tree planting from Resolution 89 -770 the Preliminary Plat action. Should of File 90085 not be approved, or timing of mitigation tree planting I hereby recommend adoption of the attached draft resolution providing for the approval of the Preliminary Plat, General Development Plan and rezoning for Bass Lake Plaza/5-t'@ndition. -- Submitted by: arles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Resolution Approving Preliminary Plat, General Development Plan and Rezoning 2. Ordinance Amending the Zoning Ordinance 3. Resolution Setting Conditions Prior to Publication of Ordinance Rezoning Land 2. Engineer's Memo 3. City Council Resolution 89 -770 4. Petitioner's Narrative 5. General Development Plan - 1975 6. Location Map 7. Large Plans (pc /cd /90084:dl) 0 APPROVING PRELIMINARY PLAT AND AMENDED GENERAL DEVELOPMENT PLAN FOR GREENWALT DEVELOPMENT, INC. AND M.G. ASTLEFORD COMPANY FOR "BASS LAKE PLAZA" (90084) WHEREAS, Greenwalt Development, Inc. and M.G. Astleford Company have requested approval for a Preliminary Plat and Amended General Development Plan for "Bass Lake Plaza" located at the northeast corner of Nathan Lane and 56th Avenue North, a plat for 5 lots on 30.63 gross acres; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the request by Greenwalt Development, Inc. and M.G. Astleford Company for a Preliminary Plat and Amended General Development Plan for "Bass Lake Plaza" located at the northeast corner of Nathan Lane and 56th Avenue North, a plat for 5 lots on 30.63 gross acres, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No building permits shall be issued until a contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 8. Incorporation of tree protection provisions in the Final Plat and Development Contract approval. 9. M.G. Astleford shall complete the planting of trees as shown on the Restoration Plan" prepared by McCombs, Frank, Roos Associates, Inc. dated November 11, 1989 after the completion of the grading and before any final plat is filed with Hennepin County for the property as mitigation for the removal of trees along Bass Creek. This reforestation is mitigation for the removal of trees necessary to fill the natural creek and the trees in this plan shall not be included with landscaping Landscaping Policy ") required with site plan approval by the City. CITY OF PLYMOUTH ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE NORTHEAST CORNER OF NATHAN LANE AND 56TH AVENUE AS B -3 (SERVICE BUSINESS), B -2 (SHOPPING CENTER BUSINESS) AND R -3 (HIGH DENSITY MULTIPLE RESIDENCE) (90084) 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 B -3 (Service Business,) B -2 Shopping Center Business) and R -3 (High Density Multiple Residence) 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. 90084. 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 90084 pc /cd/90084) day of . Mayor SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR GREENWALT DEVELOPMENT, INC. FOR "BASS LAKE PLAZA" (90084) WHEREAS, the City Council has approved an Ordinance rezoning certain land located at the northeast corner of Nathan Lane and 56th Avenue North from FRD Future Restricted Development) District to B -3 (Service Business), B -2 Shopping Center Business) and R -3 (High Density Multiple Residence) District in conjunction with approval of the Preliminary Plat for Greenwalt Development, Inc.; 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 Greenwalt Development, Inc. for "Bass Lake Plaza" located at the northeast corner of Nathan Lane and 56th Avenue North to be filed with Hennepin County prior to the publication of said Ordinance. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: October 17, 1990 FILE NO.: 90084 PETITIONER: Mr. R. Lynn Greenwalt, Greenwalt Development, Inc., P.O. Box 426, Greenfield, IN 46140 PRELIMINARY PLAT: BASS LAKE PLAZA 5TH ADDITION LOCATION: South of County Road 10, west of County Road 169 in the southeast 1/4 of Section 1. 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 final plat approval. 4. Area assessments: None. 5. Other additional assessments estimated: None. LEGAL/EASEMENTS/PERMITS: N/A Yes No 6. _ X _ Complies with standard utility /drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. I r N/A Yes No 7. _ X All standard utility easements required for construction are provided The City will require twenty foot (20') utility and drainage easements -for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final plat and final construction plans. 8. _ X _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. 9. X All existing unnecessary easements and rights -of -way have been vacated It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: X DNR _ Bassett Creek MnDOT Minnehaha Creek JL Hennepin County _ Elm Creek X MPCA X Shingle Creek X State Health Department JL Army Corps of Engineers Other The developer must comply with the conditions within any permit. 2 - TRANSPORTATION: N/A Yes No 1 12. X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. _ X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X _ _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and 15. _ X All existing street rights -of -way are required width - Additional right -of -way will be required on N/A Yes No 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. See special conditions. MM 4 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. 18. -2- _ _ Per developer's request a preliminary report and plan will be prepared by the City - If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1, of the year preceding construction. 19. Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. N/A Yes No 20. The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. _ X The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 - PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 1 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 median on Nathan Lane at County Road 10 shall be constructed to its permanent design with the first phase of construction. B. Nathan Lane and the necessary utilities south of 56th Avenue shall be constructed with the first phase. C. 56th Avenue and 57th Avenue west of Nathan Lane shall be constructed by the developer with the developments of Blocks 4 and 2 or final platting of the property to the west. D. The City Council passed Resolution No. 89 -770 on December 4, 1989 allowing the filling of Bass Creek with certain conditions. Condition H stated that M.G. Astleford shall complete the planting of trees as shown in the Reforestation Plan prepared by McCombs, Frank, Roos Associates, Inc. dated November 11, 1989 after the completion of the grading and before any final plat is submitted for the property as mitigation for the removal of trees along Bass Creek. This reforestation is mitigation for the removal of trees necessary for filling the natural creek and the trees this plan shall not be included with landscaping Landscaping Policy) required with site plan approval by the City. 5 - The proposed plat of Bass Lake Plaza 5th Addition and the proposed construction of the Wholesale Club does not include filling the creek. The creek, at this stage of development, will be left in its natural condition; therefore an application was accepted for final plat consideration by the City Council. The Reforestation Plan referenced in Resolution No. 89 -770 shall be implemented with Final Plat approval and a financial guarantee shall be submitted to the City to ensure the work is completed. Submitted by: Daniel L. Faulkner, P.E. City Engineer I ) 0 0 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota was held on the _4th _ day of December , 1989. The following members were present: mayor Schneider- C:nunellmEmhers Vasiliuu Ricker. Zitur and Sisk The following members were absent: None Councilmember Si %k introduced the following Resolution and moved its adoption: RESOLUTION NO. 89- 770 AMENDING RESOLUTION NO. 87 -273 FOR THE APPROVAL OF THE PRELIMINARY PLAT AND GENERAL DEVFLOPMENT PLAN FOR BASS LAKE PLAZA 2ND ADDITION (87015) WHEREAS, M. G. Astleford has requested that the Resolution 87 -273 approving the preliminary plat and general development plan amendment for the Bass Lake Pla.. 2nd Addition be amended; and WHEREAS, the developer is requesting that the filling and realignment of Bass Creek be permitted; and WHEREAS, the trees which previously existed along the creek have been removed; anti WHEREAS, the City Council has been requested to allow the filling of Bass Creek and the Department of Natural Resources has issued a permit subject to a Mitigation Plan; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTHi, MINNESOTA: That Condition No. 12 of Resolution No. 87 -273 is deleted and the following Condition No. 12 substituted in its place: Condition No. 12: A grading permit for the filling of Bass Creek can be issued by the City of Plymouth after completion of the following conditions: A. Approval of the grading plan by the City Engineer. B. Approval of the construction plans for the enclosing of the creek in a storm sewer by the City Engineer. C. All plans shall be in compliance with the permit as issued by the Department of Natural Resources. D. Review and approval of the plans by the Shingle Creek Water Management Commission. E. Submittal of evidence, approved by the City Attorney, t. Lhe parcel of land on which the creek is to be filled is in the same owner o as Outlot A, Bass Creek Plaza 4th Addition (the adjacent property). F. That a financial guarantee in the amount as determined by the City Engineer shall be submitted to guarantee the completion of the improvements as shown in the approved plans, including the "Reforestation Plan ". Resolution No. 89- 770 Page Two C. That M.G. Astleford submit a letter of agreement to the City of Plymouth, as approved by the City Attorney, stating that, before he submits a final plat or requests building permits on the exception parcel, on Outlot A, Bass Lake Plaza 4th Addition, or on Outlot B, Bess Lake Plaza Addition, a revised preliminary plat and general development plan for all of the undeveloped property, will be submitted and approved by the City. H. M. G. Astleford shall complete the planting of trees as shown on the Restoration Plan" prepared by McCombs, Frank, Roos Associates, Inc. dated November 11, 1989 after the completion of the grading and before any final plat is submitted for the property as mitigation for the removal of trees along Bass Creek. This reforestation is mitigation for the removal of trees necessary to fill the natural creek and the trees in this plan shall not be included with landscaping ( "Landscaping Policy ") required with site plan approval by the City. The motion for the adoption of the foregoing Resolution was duly seconded by Cnunrllmamher 71tur , and upon vote being taken thereon, the following voted in favor thereof: _mayor Schneider, Counrilmamha_rn y,slltnw Vic,ker._2itur. and SiAk The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone Engineers 612/476 -6010 Planners 612/476 -8532 FAX Surveyors August 16, 1990 Mr. Charles Dillerud, Community Development Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 SUBJECT: Greenwalt Development, Inc. The Wholesale Club (Bass Lake Plaza 5th Addition) Plymouth, Minnesota MFRA #9448 Dear Mr. Dillerud: As part of the rezoning application for Bass Lake Plaza 5th Addition, we are submitting this narrative explaining the rezoning. The entire parcel of Bass Lake Plaza 5th Addition is currently zoned FRD, and the parcel is serviced with urban utilities (sanitary sewer and watermain). The proposed rezoning is consistent with the intended rezoning, based on the City's Land Use Guide Plan. In particular, the specific land use guidings and the proposed rezoning designations are summarized as follows: Parcel Existing Guiding Rezoning Lot 1, Block 1 CR2 B -2 Lot 1, Block 2 LA -3 R -3 Lot 1, Block 3 S B -3 Lot 1, Block 4 S B -3 Outlot A CR2 B -2 If you have any questions or need additional information, please contact US. GJF:jmj Enclosures Ve71,r, ly yours, M FRANK R S SSOCIA S, INC. Ott Gregory }t, P.E. An Equal Opportunity Employer GENERAL DEVELOPMENT DATA 1. Site Acreage (Gross) 30.63 Ac. 2. Lot Data Summary: A. Outlot A 1.75 Ac. Existing Zoning FRD Proposed Zoning B -2 Existing & Proposed Guiding CR2 Proposed Use Conservation Easement B. Lot 1, Block 1 2.47 Ac. Existing Zoning FRD Proposed Zoning B -2 Existing & Proposed Guiding CR2 Retail (Per Zoning Ordinance) Proposed Use C. Lot 1, Block 2 5.80 Ac. Existing Zoning FRD Proposed Zoning R -3 Existing & Proposed Guiding LA-3 Multiple Family DwellingsProposedUse D. Lot 1, Block 3 4.24 Ac. Existing Zoning FRD Proposed Zoning B -3 Existing & Proposed Guiding S Proposed Use Service Business Per Zoning Ordinance) E. Lot 1, Block 4 9.88 Ac. , Existing Zoning FRD Proposed Zoning B -3 Existing & Proposed Guiding S Proposed Use Retail Store 3. Street names are subject to approval by the City Council. 4. Setbacks shall be as shown on the Preliminary Plat. 5. Projected Phasing: Phase 1: Lot 1, Block 4 Remaining lots to be phased subject to market demand. 6. Lot 1, Block 2, Density Calculations: R -3 Minimum Lot Area 6,000 S.F. /Unit Credits: a. Internal Parking b. Adjacent to Business Area 0 300 S.F. /Unit) C. Adjacent to Arterial d. Building Height 0 e. Raze Existing Building 0 f. Low and Moderate Housing 0 g. Adjacent to R -lA 0 0h. Bedrooms in excess of 2 Total Credits 300 S.F. /Unit Density Basis 5,700 S.F. /Unit Gross Area 252,600 S.F. Maximum Allowable Units 44 Units Five 8- plexesProposedHousingMix40UnitsTotalProposedUnits 7. Bass Creek, within Lot 1, Block 4, shall be filled, per DNR Permit and City Council approvals, at time of parking lot expansion in this lot. f 0111 s I I 1 i 1 l I < I 1 I 1110 awl •MM" In8 *N110 iwmwaj 016rls 1 W E m% hV 2 0 t 00% da 1 CDr co I I i I 6ulPllns 021110 I I I I I , I I DC o ..:: . . o o o 4A - i COUNTY D. r Ii It_, offiii a EVI 1, -1- ..11 A 44,500 80 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Oct. 12, 1990 COMMISSION MEETING DATE: Oct. 24, 1990 FILE NO.: 90085 PETITIONER: Greenwalt Development, Inc. REQUEST: Site Plan, Zoning Ordinance Variances and Final Plat to Construct "The Wholesale Club" and plat "Bass Lake Plaza 5th Addition" LOCATION: Northeast Corner of Nathan Lane and 56th Avenue North GUIDE PLAN CLASS: CS (Service Business), CN (Neighborhood Retail) and LA -3 High Medium Density Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: The history of development actions regarding this area of the City extends back to the mid -'70s, with the approval of the original General Development Plan for the "Bass Lake Plaza." That General Development Plan addressed the Ford dealership and the Chevrolet dealership location, as well as the location of 56th Avenue North and Nathan Lane, and specified various retail and service uses together with high density residential development for the balance of this area. Since no public water and sewer facilities were available until the late 1980s, no development took place with the exception of the Ford and Chevrolet dealerships, with the balance of the development remaining as outlots. The development of the Chevrolet dealership resulted in the Bass Lake Plaza 2nd Addition, and the development of the Ford dealership expansion resulted in the Bass Lake Plaza 3rd Addition. The balance of Bass Lake Plaza lying west of the two car dealerships and extending 200 feet westerly of Nathan Lane remained as outlots pending the installation of public water and sewer. On July 10, 1989, by Resolution 89 -357, the City Council approved the Final Plat for the Bass Lake Plaza 4th Addition. This plat created the site upon which the SuperAmerica service station was subsequently approved and designated the balance of the Bass Lake Plaza site lying east of Nathan Lane and north of 56th Avenue North as "Outlot A." On December 4, 1989, the City Council, by Resolution 89 -770, approved amendment to the 1987 resolution approving the Bass Lake Plaza 3rd Addition, which addresses the grading and filling of the Bass Creek Drainage Area. One see next page) File 90085 Page Two requirement of this amendment was the execution of a mitigation landscaping plan by the landowner prior to submission of a Final Plat for the area that is covered by these applications. The Landscape Mitigation Plan has not been executed as of the date of this staff report. PRIMARY ISSUES AND ANALYSIS: 1. Proposed by this application is a Final Plat covering the entire area of the Bass Lake Plaza development that is not now final platted or developed and a parcel adjacent to County Road 10 near the north center of the Bass Lake Plaza development that has always been considered a part of the development for planning purposes but has never been included in any of the previous Preliminary or Final Plats covering Bass Lake Plaza. The Site Plan covers the entire remaining portion of Bass Lake Plaza north of 56th Avenue North and east of Nathan Lane. Z. The proposed Site Plan is for a retail store on proposed Lot 1, Block 4 at the northeast corner of 56th Avenue North and Nathan Lane) in a structure of 108,094 square feet total area on a site of 9.88 gross acres. The applicant proposes to construct 669 offstreet parking stalls resulting in a ratio of offstreet parking of 6.19 stalls per 1,000 square feet of floor area. As a single occupant freestanding retail facility this proposal must respond to the Zoning Ordinance minimum standard of 10 spaces per 1,000 square feet of floor area or spaces. The applicant proposes a variance of 94 spaces to allow development of the site based on offstreet parking for 987 vehicles (9.13 spaces per 1,000 square feet of floor area); and a plan to initially install only 669 offstreet parking spaces rather than the 987. The Planning Commission may recommend and the City Council may approve such a "proof -of- parking" plan per Section 10, Subdivision B, Paragraph 5h of the Zoning Ordinance. The Zoning Ordinance specifies six criteria that must be complied with if the Planning Commission is to recommend, and the City Council acting as the Board of Zoning Appeals approves a Zoning Ordinance variance. We have attached a copy of the Zoning Ordinance standards together with the applicant's narrative addressing those standards to this staff report. 4. The Site Plan meets the standards of the Zoning Ordinance and other City ordinances, policies or standards regarding this type of development in this zoning classification, except with respect to the minimum parking provisions raised above. Specifically, the parking design and circulation is consistent with City standards; mechanical equipment is to be located at grade level adjacent to the building and is screened by a 7 -foot vertical board fence; landscaping meets the numerical standards of the City Landscaping Policy (in addition to the landscaping required by the Bass Creek corridor mitigation plan); signage meets Ordinance standards 96 square feet freestanding sign and wall signage of approximately 3.4 percent of the area of the wall on which it is located); a trash enclosure properly screened consistent with Zoning Ordinance standards. see next page) File 90085 Page Three 5. The Site Plan proposal is for an architectural treatment of concrete panels to the south (56th Avenue North), concrete panels with loading docks and overhead doors servicing an anticipated auto repair shop to the west, concrete panels to the east and tilt -up concrete panels with a metal roof canopy and glazed block trim to the north. The exterior treatment of new structures subject to Site Plan approval by the City of Plymouth is guided by the City Council Policy Regarding Site and Building Aesthetics and Architectural Design. Paragraph 6 of that policy specifies that one of the criteria to be considered is the "use of appropriate materials (to include external lighting), textures, colors, and construction detail so to express effectively a design concept of the project that is compatible with adjacent and neighboring structures and functions." The south elevation of this structure proposed to be an unbroken 405 feet of concrete panels parallel to and approximately 80 feet from 56th Avenue North. The Grading Plan proposes no berming of consequence and the Landscape Plan for this area proposes no more than 16 trees for the entire 405 -foot distance. The proposed west elevation (to Nathan Lane) will include as many as 10 overhead doors; approximately 28 feet of 6 -foot high board fence; and concrete tilt -up walls. The Grading Plan does provide for grade differential that will result in the loading dog Area being slightly recessed approximately 5 feet (from Nathan Lane 56th Avenue North at the immediate property corner) . The Landsca -•: Plan also is somewhat enhanced at that location. The canopy treatment and inclusion of small amount of glazed block contrast, together with the wall signage, provides a measure of break in the concrete slab appearance of the north elevation. The less lengthy approximately 270 feet) east elevation is also broken up somewhat by the proposed wall signage. 6. The mitigation plan approved by Resolution 89 -770 requires that new trees be planted along the east and north property lines responsive to a specific plan. The petitioner contends that the original condition regarding the timing of mitigation tree planting anticipated site grading prior to Final Plat application, and concurrent Preliminary Plat /Final Plat /Site Plan application processing was not anticipated. He states the planting of trees at this time would be counter - productive because Site Plan /Final Plat site work planned by these applications would result in damage or removal of many of the new trees. The petitioner requests amendment to the timing of the tree planting to coincide with the Site Plan landscaping activity related to this application. see next page) File 90085 Page Four 7. The proposed uses of the site by the original application included a "Tire Installation Center ". This requires a Conditional Use Permit in the B -3 Zoning District. The notice of hearing published by the City precludes consideration of the Conditional Use Permit request on October 24. The applicant has submitted a letter removing the "Tire Installation Center" from the Site Plan now under consideration to allow the Site Plan application to progress. The developer acknowledges the risk that subsequent consideration of a Conditional Use Permit for a "Tire Installation Center" could result in denial of that use. PLANNING STAFF COhMENTS: 1. Except with respect to the variance requested and other items noted below, the Site Plan proposed meets the standards of the Plymouth Zoning Ordinance and other related ordinances, policies and standards with respect to the development of this site in the zoning district classification proposed. 2. We do not find the applicant's variance (versus a deferral) request to reduce offstreet parking from 1081 to 987 to meet the standards of the Plymouth Zoning Ordinance. Specifically, we find: a. No hardship, as opposed to a mere inconvenience, has been demonstrated. By reducing the size of the proposed structure approximately 10,000 square feet (9.2 percent) the parking proposed by the "proof -of- parking plan" would meet the Zoning Ordinance standard of 10 spaces per 1,000 square feet of floor area). b. No unique circumstances are demonstrated. A site design that would comply with Ordinance standards can be accomplished. The existing features of this site that make it unique (the Bass Creek Drainage Corridor and related natural resources) would, in fact, be partially eliminated to accomplish the "proof -of- parking" plan that is proposed. Were a site design presented that would preserve those unique site features and thereby result in the need for a variance, the criterion of unique site features potentially could be met. c. The purpose of the variance is based exclusively upon a desire to increase the value or income potential of the parcel of land since it would result in approximately 9.2 percent greater utilization of the site than the Ordinance would otherwise permit. d. The applicant, by his Site Plan proposal, has created the difficulty results in the Ordinance request. see next page) File 90085 Page Five e. Granting of the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located; nor would the proposed variance 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. 3. The proposed architectural treatment of the building is not consistent with the intent of Paragraph 6 of the City of Plymouth policy regarding the site and building aesthetics on architectural design. The applicant has been previously advised of our finding in this regard. A structure of the size proposed that will be visible from a "gateway" location (County Road 10) and two City streets (Nathan Lane and 56th Avenue North) will establish the standard for remaining development of Bass Lake Plaza rather than respond to a standard already established. This is not an industrial district where the use of concrete exteriors predominates. 4. No Final Plat shall be recorded for "Bass Lake Plaza 5th Addition" until an executed Site Improvement Performance Agreement and related financial guarantee, both including planting of the mitigation trees, are submitted to and approved by the City of Plymouth. 5. The proposed Final Plat is consistent with the proposed Preliminary Plat. RECOMENDATION: 1. We have not found that the requested variance to reduce offstreet parking from the required 1,081 stalls to the proposed 987 stalls complies with the Zoning Ordinance variance criteria. If redesign of the site cannot produce the 1,081 stalls required to comply with the Ordinance standard, we recommend the Site Plan be revised to reduce the size of the structure proposed sufficient to accommodate the offstreet parking required by the Ordinance. This may not result in the need to reduce the structure size. As the size of the building is reduced, the site area available for parking increases and therefore something less than 10,000 square feet would be required to be taken out of the building footprint to meet Zoning Ordinance standards with respect to offstreet parking. 2. We recommend the architectural elevations of the structure (all four sides) be revised to include not less than 50 percent use of brick or equivalent decorative architectural treatment. 3. We recommend that the Landscape Plan be enhanced to provide an effective screening effect to the loading dock and automobile service areas proposed on the west side of the structure; and to provide a reduction in the impact of the 405 -foot wall along the south side of the structure to provide effective screening. see next page) File 90085 Page Six 4. We recommend conifer plantings in a staggered configuration of at least 8 feet height not less than 15 -foot centers along the southerly approximately 360 feet of the Nathan Lane frontage of the site (from the northern most curb cut south to 56th Avenue North). 5. We recommend that the landscaping be enhanced along the south side of the site to include conifer planting at the same formula as recommended along the west side for the westerly 140 feet of the 56th Avenue North frontage. The Landscape Plan for the balance of the site (including reforestation plan previously approved and shown on this Site Plan) should not be reduced to accomplish the Landscape Plan amendments proposed. 6. We recommend amendment to Condition H of City Council Resolution 89 -770 to allow installation of the trees of the mitigation Landscape Plan concurrent with but not as a substitute for landscaping installed with this Site Plan. The Site Improvement Performance Agreement for site improvements related to this Site Plan shall include all tree planting of the mitigation plan. We have attached draft resolutions providing for the approval of the Final Plat of "Bass Lake Plaza 5th Addition" and the Site Plan, "proof -of- parking" plan (relates to the deferral of certain spaces) and parking variance for The Wholesale Club." We have also attached a draft resolution providing for the approval of the Site Plan but denial of the variance requested for offstreet parking. If it is the desire of the majority of the Planning Commission to proceed with denial of the variance, we would recommend the Site Plan issue be tabled to allow the petitioq& -eta consider redesjg, opt, onsrl Submitted by: arses t. ATTACHMENTS: 1. Resolution Approving the Final Plat 2. Resolution Setting Conditions Prior 3. Resolution Approving Site Plan, Ordinance Variance 4. Resolution Approving Site Plan Zoning Ordinance Variance velopment of "Bass Lake Plaza to Recording of the Proof -of- Parking" nator 5th Addition" Final Plat Plan and Zoning and "Proof -of- Parking" Plan, and Denying 5. Ordinance amending the Zoning Ordinance 6. Setting Conditions to be Met Prior to Publication of Ordinance Rezoning Land 7. Engineer's Memorandum 8. City Council Resolution 89 -770 9. Petitioner's Narrative 10. Petitioner's Letter Deleting the "Tire Installation Center" Use from the Site Plan 11. Location Map 12. Large Plans pc /cd /90085:dl) APPROVING FINAL PLAT FOR GREENWALT DEVELOPMENT, INC. FOR "BASS LAKE PLAZA 5TH ADDITION" (90085) WHEREAS, Greenwalt Development, Inc. has requested approval of a Final Plat for "Bass Lake Plaza 5th Addition" located at the northeast corner of Nathan Lane and 56th Avenue North; and, WHEREAS, the City staff has prepared a Development Contract covering the improvements related to said plat; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and Development Contract for Greenwalt Development, Inc. has requested approval of a Final Plat for "Bass Lake Plaza 5th Addition" located at the northeast corner of Nathan Lane and 56th Avenue North; and, FURTHER, that the Development Contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the Development Contract on behalf of the City. SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR GREENWALT DEVELOPMENT, INC. FOR "BASS LAKE PLAZA 5TH ADDITION" (90085) WHEREAS, the City Council has approved the Final Plat and Development Contract for Greenwalt Development, Inc. for "Bass Lake Plaza 5th Addition" located at the northeast corner of Nathan Lane and 56th Avenue North; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following conditions to be met, prior to recording of, and related to said plat for Greenwalt Development, Inc. for "Bass Lake Plaza 5th Addition" located at the northeast corner of Nathan Lane and 56th Avenue North: 1. Compliance with the City Engineer's Memorandum. 2. The Ordinance rezoning the property shall be published upon evidence that the Final Plat has been filed and recorded with Hennepin County. 3. Payment of park dedication fees -in -lieu of dedication in accordance with City Policy in effect at the time of issuance of building permits. 4. Removal of all dead or dying trees from the property at the owner's expense. 5. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 6. No yard setback variances are granted or implied. 7. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 8. No building permits to be issued until the Final Plat is filed and recorded with Hennepin County. 9. Access shall be limited to internal public roads and prohibited from County Road 10. 10. The Development Contract, as approved by the City Council, shall be fully executed prior to release of the Final Plat. 11. The Development Contract shall include a section continuing the developer responsiblity for executing the mitigation landscape plan referred to by City Council Resolution 89 -770. APPROVING SITE PLAN, PROOF -OF- PARKING PLAN AND ZONING ORDINANCE VARIANCE FOR GREENWALT DEVELOPMENT, INC. FOR "BASS LAKE PLAZA 5TH ADDITION" LOCATED AT THE NORTHEAST CORNER OF NATHAN LANE AND 56TH AVENUE NORTH (90085) WHEREAS, Greenwalt Development, Inc. has requested approval for a Site Plan, Proof -of- Parking Plan and Zoning Ordinance Variance for Bass Lake Plaza 5th Addition located at the northeast corner of Nathan Lane and 56th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by for a Site Plan, Proof -of- Parking Plan and Zoning Ordinance Variance for Bass Lake Plaza 5th Addition located at the northeast corner of Nathan Lane and 56th Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of building permit issuance. 3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements by one year from the date of this resolution. 5. Any signage shall be in compliance with the approved Site Plan. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within the enclosure structure, and no outside storage is permitted. 9. An 8k x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 10. The Landscaping Plan shall be amended to increase the number of 6 foot coniferous trees to the equivalent of 15 foot on center from the north curb cut to Nathan Lane south to 56th Avenue North, and east to the extension of the west wall of the structure responsive to paragraph 5 of the City Council Resolution 88 -253 regarding site and building aesthetics and architectural design. see next page) Resolution No. File 90085 Page Two 11. The structure exterior walls shall be faced with brick over at least 50 percent of the surface area responsive to the provisions of paragraph 6 of the City Council Resolution 88 -253 regarding site and building aesthetics and architectural design. 12. A variance is approved to allow off - street parking for 987 vehicles versus the Zoning Ordinance standard of 1,081 vehicles (108,094 square feet at 10 vehicles per 1,000 square feet), based on compliance with the variance criteria of the Zoning Ordinance. A covenent, approved by the City Attorney, shall be placed on the title to the property limiting future uses of this site to those in compliance with the Zoning Ordinance minimum parking standards. No variance is granted or implied for any use other than that represented by the plans approved iwth this action. 13. A "proof -of- parking" plan is approved to allow initial construction of only 649 off - street parking spaces versus the approved total number of minimum required spaces. 14. No "Tire Installation Center" or other automobile service use is approved. The Conditional Use Permit required for such use is not included in this approval action. APPROVING SITE PLAN AND PROOF -OF- PARKING PLAN, AND DENYING ZONING ORDINANCE VARIANCE FOR GREENWALT DEVELOPMENT, INC. FOR "BASS LAKE PLAZA 5TH ADDITION" LOCATED AT THE NORTHEAST CORNER OF NATHAN LANE AND 56TH AVENUE NORTH (90085) WHEREAS, Greenwalt Development, Inc. has requested approval for a Site Plan, Proof -of- Parking Plan and Zoning Ordinance Variance for Bass Lake Plaza 5th Addition located at the northeast corner of Nathan Lane and 56th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by for a Site Plan, Proof -of- Parking Plan for Bass Lake Plaza 5th Addition located at the northeast corner of Nathan Lane and 56th Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of building permit issuance. 3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements by one year from the date of this resolution. 5. Any signage shall be in compliance with the approved Site Plan. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within the enclosure structure, and no outside storage is permitted. 9. An 8k x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 10. The Landscaping Plan shall be amended to increase the number of 6 foot coniferous trees to the equivalent of 15 foot on center from the north curb cut to Nathan Lane south to 56th Avenue North, and east to the extension of the west wall of the structure responsive to paragraph 5 of the City Council Resolution 88 -253 regarding site and building aesthetics and architectural design. see next page) Resolution No. File 90085 Page Two 11. The structure exterior walls shall be faced with brick over at least 50 percent of the surface area responsive to the provisions of paragraph 6 of the City Council Resolution 88 -253 regarding site and building aesthetics and architectural design. 12. The variance for off - street parking of 987 spaces versus the Zoning Ordinance standard of 1,081 spaces is denied based on not complying with the Zoning Ordinance variance criteria. The size of the proposed structure can be reduced to match available site area for off - street parking. No hardship is demonstrated. 13. A "proof -of- parking" plan is approved to allow initial construction of only 649 off - street parking spaces versus the approved total number of minimum required spaces. CITY OF PLYMOUTH ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE NORTHEAST CORNER OF NATHAN LANE AND 56TH AVENUE AS B -3 (SERVICE BUSINESS) , B -2 (SHOPPING CENTER BUSINESS) AND R -3 (HIGH DENSITY MULTIPLE RESIDENCE) (90085) 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 FRO Future Restricted Development) District to B -3 (Service Business,) B -2 Shopping Center Business) and R -3 (High Density Multiple Residence) 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. 90084. 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 90085 pc /cd/90085) day of . Mayor SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR GREENWALT DEVELOPMENT, INC. FOR "BASS LAKE PLAZA" (90085) WHEREAS, the City Council has approved an Ordinance rezoning certain land located at the northeast corner of Nathan Lane and 56th Avenue North from FRD Future Restricted Development) District to B -3 (Service Business), B -2 Shopping Center Business) and R -3 (High Density Multiple Residence) District in conjunction with approval of the Preliminary Plat for Greenwalt Development, Inc.; 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 Greenwalt Development, Inc. for "Bass Lake Plaza" located at the northeast corner of Nathan Lane and 56th Avenue North to be filed with Hennepin County prior to the publication of said Ordinance. res /pc /90085.sc.ord) City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: October 17, 1990 FILE NO.: 90084 PETITIONER: Mr. R. Lynn Greenwalt, Greenwalt Development, Inc., P.O. Box 426, Greenfield, IN 46140 SITE PLAN: THE WHOLESALE CLUB LOCATION: South of County Road 10, West of County Road 169, in the southeast 1/4 of Section 1. ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. _ X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No 1 and No. 2• Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None 5. Other additional assessments estimated: None LEGAL /EASEMENTS /PERMITS: N/A Yes No 6. _ X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. will comRly with the filing of the final plat of Bass Lake Plaza 5th Addition. N/A Yes No 7. _ _ X Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) See Item No. 6. 8. _ _ X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. See Item No. 6. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. See Item No. 6. 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 Bassett Creek MN DOT Minnehaha Creek X Hennepin County Elm Creek MPCA X Shingle Creek State Health Department X 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. The post indicator valve shall be located on the west We of the watermain. 3- N/A Yes No 17. _ X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. This plate should be referenced on the site plan. 18. X _ Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X _ _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and N/A Yes No 20. _ X All existing street right -of -ways are required width - Additional right -of -way will be required on 21. X _ _ Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ X Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. _ _ X Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. The site Rlan shall clearly indicate that all drive aisles are seven ton design. STANDARDS: N/A Yes No 24. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right -of -way. All connections to the water system shall be via wet tap. 25. _ X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Item No's 6 7, 8. 9, 12, 16, 23. 27A. and 27B. 5- 1 • ZVV _ • 1 27. A. The City Council passed Resolution No. 89 -770 on December 4, 1989 allowing the filling of Bass Creek with certain conditions. Condition H stated that M.G. Astleford shall complete the planting of trees as shown in the Reforestation Plan prepared by McCombs, Frank, Roos Associates, Inc. dated November 11, 1989 after the completion of the grading and before any final plat is submitted for the property as mitigation for the removal of trees along Bass Creek. This reforestation is mitigation for the removal of trees necessary for filling the natural creek and the trees this plan shall not be included with landscaping Landscaping Policy) required with site plan approval by the City. The proposed plat of Bass Lake Plaza 5th Addition and the proposed construction of the Wholesale Club does not include filling the creek. The creek, at this stage of development, will be left in its natural condition; therefore an application was accepted for final plat consideration by the City Council. The Reforestation Plan referenced in Resolution No. 89 -770 shall be implemented with Final Plat approval and a financial guarantee shall be submitted to the City to ensure the work is completed. B. The domestic service off the 8" fire line shall not exceed two inches. C. The driveway approaches to Nathan Lane and 56th Avenue North shall be stop sign controlled. Q Submitted by:' Daniel L. Faulkner, P. E. City Engineer City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: October 17, 1990 FILE NO.: 90085 PETITIONER: Mr. R. Lynn Greenwalt, Greenwalt Development, Inc., P.O.L Box 426, Greenfield, IN 46140 FINAL PLAT: BASS LAKE PLAZA 5TH ADDITION LOCATION: South of County Road 10, west of County Road 169 in the southeast 1/4 of Section 1. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: None. 5. Other additional assessments estimated: None. 4 zi N/A Yes No 6. _ X Complies with standard utility /drainage easements - The City will require utility and drainage easements ten feet 10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. X All standard utility easements required for construction are provided - The City will require twenty foot (20') easements for proposed utilities along the utilities are proposed to be installed. reviewed with the final construction pli changes are necessary: For the _proposed Avenue extended into Outlot A. 8. _ _ X Complies with ponding requirements - utility and drainage lot lines where these This item has been ins and the following storm sewer from 57th 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. Outlot A shall be identified as a drainage easement for ponding_ 9. X All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the city attorney with the Owner's Duplicate Certificate of Title in order that he may file the 11. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: X DNR Bassett Creek Mn DOT Minnehaha Creek X Hennepin County Elm Creek MPCA X Shingle Creek X State Health Department X Army Corps of Engineers Other The developer must comply with the conditions within any permit. 2 - N/A Yes No 12. X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. _ X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X _ _ Acceleration /deceleration lanes provided - Acceleration/ deceleration lanes are required at the intersection of and 15. X All existing street rights -of -way are required width - Additional right -of -way will be required on UTILITIES: N/A Yes No 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3 - N/A Yes No 17. _ X Final utility plans submitted comply with all City requirements - The developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). 18. x _ _ Per developer's request final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1 of the year preceding construction, if the developer is paying 100% of the cost. 19. _ X _ Minimum basement elevations - Minimum basement elevations must be established for the following lots. 20. _ X The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. _ A _ The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 - N/A Yes No 22. _ X It will be necessary to contact Bob Fasching, the City's public utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right -of -way. All water connections shall be via wet tap. N/A Yes No 23. _ _ X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Shall comAly with all agency permits. 24. A. Nathan Lane and the necessary utilities south of 56th Avenue shall be constructed with the first phase. B. 56th Avenue west of Nathan Lane and 57th Avenue shall be constructed by the developer with the developments of Blocks 2 and 4 or final platting of the property to the west. C. The City Council passed Resolution No. 89 -770 on December 4, 1989 allowing the filling of Bass Creek with certain conditions. Condition H stated that M.G. Astleford shall complete the planting of trees as shown in the Reforestation Plan prepared by McCombs, Frank, Roos Associates, Inc. dated November 11, 1989 after the completion of the grading and before any final plat is submitted for the property as mitigation for the removal of trees along Bass Creek. This reforestation is mitigation for the removal of trees necessary for filling the natural creek and the trees and this plan shall not be included with landscaping (Landscaping Policy) required with site plan approval by the City. 5 - The proposed plat of Bass Lake Plaza 5th Addition and the proposed construction of the Wholesale Club does not include filling the creek. The creek, at this stage of development, will be left in its natural condition; therefore an application was accepted for final plat consideration by the City Council. The Reforestation Plan referenced in Resolution No. 89 -770 shall be implemented with this final plat approval and a financial guarantee shall be submitted to the City to ensure the work is completed. D. A sign plan shall be submitted for the median at Nathan Lane and County Road 10. iSubmittedby: & a-'- Daniel L. Faulkner, P. E. City Engineer W-M 1 0 0 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth. Minnesota was held on the _ 4th _ day ofcember 1989. The following members were present: mayor Schneider CounctImpmbern Vasiliou , Ricker- 71tur And Sisk The following members were absent: None w #rr Councilmember Si }k introduced the following Resolution and moved its adoption: RESOLUTION NO. 89- 770 AMENDING RESOLUTION NO. 87 -273 FOR THE APPROVAL OF THE PRELIMINARY PLAT AND GENERAL DEVELOPMENT PLAN FOR BASS LAKE PLAZA 2ND ADDITION (87015) WHEREAS, M. G. Astleford has requested that the Resolution 87 -273 approving the preliminary plat and general development plan amendment for the Bass Lake Pis- 2nd Addition be amended; and WHEREAS, the developer is requesting that the filling and realignment of Bass Creek be permitted; and WHEREAS, the trees which previously existed along the creek have been removed; and WHEREAS, the City Council has been requested to allow the filling of Bass Creek and the Department of Natural Resources has issued a permit subject to a Mitigation Plan; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That Condition No. 12 of Resolution No. 87 -273 is deleted and the following Condition No. 12 substituted in its place: Condition No. 12: A grading permit for the filling of Bass Creek can be issued by the City of Plymouth after completion of the following conditions: A. Approval of the grading plan by the City Engineer. B. Approval of the construction plans for the enclosing of the creek in a storm sewer by the City Engineer. C. All plans shall be in compliance with the permit as issued by the Department of Natural Resources. D. Review and approval of the plans by the Shingle Creek Water Management Commission. E. Submittal of evidence, approved by the City Attorney, t. Lhe parcel of land on which the creek is to be filled is in the same owner o as Outlot A, Bass Creek Plaza 4th Addition (the adjacent property). F. That a financial guarantee in the amount as determined by the City Engineer shall be submitted to guarantee the completion of the improvements as shown in the approved plans, including the "P.eforestation Plan ". Resolution No. 89- 770 Page Two C. That M.G. Astleford submit a letter of agreement to the City of Plymouth, as approved by the City Attorney, stating that, before he submits a final plat or requests building permits on the exception parcel, on Outlot A, Bass Lake Plata 4th Addition, or on Outlot B, Bess Lake Plaza Addition, a revised preliminary plat and general develop -ent plan for all of the undeveloped property, will be submitted and approved by the City. N. M. G. Astleford shall complete the planting of trees as shown on the Restoration Plan" prepared by McCombs, !rank, Roos Associates, Inc. dated November 11, 1989 after the completion of the grading and before any final plat is submitted for the property as mitigation for the removal of trees along Bass Creek. This reforestation is mitigation for the removal of trees necessary to fill the natural creek and the trees in this plan shall not be included with landscaping ( "Landscaping Policy ") required with site plan approval by the City. The motion for the adoption of the foregoing Resolution was duly seconded by rnunrilmemher Zitur , and upon vote being taken thereon, the following voted in favor thereof: __W or Schneider, CnunrIItnPmhnr& y.A+ti.,,,, Ri.ck,o.r_ itur end ciAk_, The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. eea w ** ,* W VARIANCE REQUEST NARRATIVE FOR THE WHOLESALE CLUB BY GREENWALT DEVELOPMENT The basis for the parking requirements, per Plymouth's zoning ordinance, are as follows: Free - Standing Retail 10.0 /1,000 S.F. of Floor Area = 1064 stalls Shopping Center 6.0/1,000 S.F. of Floor Area = 639 stalls It is proposed that 676 stalls are to be constructed immediately. A Deferred Parking Plan, showing the eventual construction of 994 parking stalls has been prepared, and this would require a variance from the 1064 stall requirement for "Free- Standing Retail ". In applying a categorial definitiion for the proposed Wholesale Club, some ambiguity exists. Although the building is "free- standing ", its size and character is more representative of a "shopping center ". That is, the building is in excess of 100,000 square feet, placing it in the CR -2 land use designation ( "...centers of a larger scale, serving a broader geo- base... "). The Wholesale Club is a multi -line merchandiser, including apparel, appliances, beverages, books, carpets, furniture, groceries, hardware, jewelry, sporting goods, etc., all under one roof and under one name. Consequently, the site is responsive to all the City's locational criteria for shopping centers, which are listed as follows: 1. Much less land is ordinarily used to provide the same level of service. 2. Relationships to abutting land are much improved due to less peripheral length and combining of similar activitiy areas (loading, storage, etc.). 3. Shopper convenience is enhanced by concentrating shops and eliminating non - retail space. 4. Most goods required at each level of service are available without driving between stores or shopping areas. 0 Variance Request Narrative Page Two 5. Shopping centers can be the focal point of the neighborhood with other neighborhood facilities strengthening the shopping center potential. Typically, large retail multi -line merchandising facilities, such as Target, K -Mart and Wal -Mart, design their centers with a parking requirement of 5.5 to 6.0 stalls /1,000 square feet. The Wholesale Club's actual parking requirements are generally less because shopping in their centers require a membership fee and they serve as wholesale sellers to a large number of clients i.e., the sales per individual are higher, with less traffic generation per dollar of sale). However, they do plan on 6 stalls /1,000 square feet to be conservative and to insure that parking for clients is conveniently available. The Wholesale Club has similar sized centers located in several other suburbs of the Twin Cities. The parking for each of the locations is as follows: Burnsville 655 stalls White Bear Lake 653 stalls Inver Grove Heights 550 stalls St. Louis Park 623 stalls Fridley 580 stalls The City of Plymouth is encouraged to contact these communities to verify that there are no parking problems at any of these centers. It should be noted that in February, 1988, Plymouth authorized a study entitled "Shopping Center and Retail Establishment Parking Requirements and Dimensions ", prepared by Barton - Aschman Associates, Inc., that recommended a parking ratio for discount stores of 4.5 to 5.0 spaces per 1,000 square feet page 33)• It should also be noted that the irregularity of the physical shape of the site produces a hardship that effectively prohibits the construction of 10 stalls /1,000 feet for the facility. This condition is unique to this site. GENERAL DEVELOPMENT DATA 1. Site Acreage (Gross) 30.63 Ac. 2. Lot Data Summary: A. Outlot A 1.75 Ac. Existing Zoning FRD Proposed Zoning B -2 Existing & Proposed Guiding CR2 Conservation EasementProposedUse 0 B. Lot 1. Block d 2.47 Ac. Existing Zoning FRD Proposed Zoning B -2 Existing & Proposed Guiding CR2 Retail (Per Zoning Ordinance) Proposed Use C. Lot 1, Block 2 5.80 Ac. Existing Zoning FRD Proposed Zoning R -3 Existing & Proposed Guiding LA-3 Multiple Family DwellingsProposedUse 44 Units D. Lot 1, Block 3 4.24 Ac. Existing Zoning FRD Proposed Zoning B -3 Existing & Proposed Guiding S Proposed Use Service Business Per Zoning Ordinance) E. Lot 1, Block 4 9.88 Ac. , Existing Zoning FRD Proposed Zoning B-3 Existing & Proposed Guiding S Retail StoreProposedUse 3. Street names are subject to approval by the City Council. 4. Setbacks shall be as shown on the Preliminary Plat. 5. Projected Phasing: Phase 1: Lot 1, Block 4 Remaining lots to be phased subject to market demand. 6. Lot 1, Block 2, Density Calculations: R -3 Minimum Lot Area 6.000 S.F. /Unit Credits: a. Internal Parking 0 300 S.F. /Unit) b. Adjacent to Business Area C. Adjacent to Arterial 0 d. Building Height 0 e. Raze Existing Building f. Low and Moderate Housing 0 g. Adjacent to R -lA 0 0 h. Bedrooms in excess of 2 300 S.F. /Unit Total Credits 5,700 S.F. /UnitDensityBasis 252,600 S.F. Gross Area 44 UnitsMaximumAllowableUnitsFive8-plexesProposedHousingMix40UnitsTotalProposedUnits 7. Bass Creek, within Lot 1, Block 4, shall be filled, per DNR Permit and City Council approvals, at time of parking lot expansion in this lot: It I `x u C O M M E R C I A L I N D U S T R I A L October 18,.1990 Mr. Charles Dillerud Community Development Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Dillerud: We have been informed that the Public Hearing notice and property owner notice for the October 24, 1990 planning Commission meeting does not include our Conditional Use Permit petition for an auto repair facility for our proposed tire' installation; therefore, please amend bur application to delete reference for this usage at this time. We understand that a separate Conditional use Permit for this use will need to be processed and the City's actions on our current request does not imply or suggest that this use will be approved. JAG / ck POST OFFICE BOX 426 635 NORTH STATE STREET GREENFIELD, ;N 46140 PHONE 317 462 3263 FAX 317 462 8049 SiTfrev y, e <A.Greenualt 111 lowmVewifil lii I iol til