HomeMy WebLinkAboutPlanning Commission Packet 04-12-1989CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE April 3, 1989 COMMISSION MEETING DATE: April 12, 1989
FILE NO.: 88133
PETITIONER: Prudential Insurance Company of America
REQUEST: Amended MPUD Preliminary Plans/Plat, Conditional Use Permit
and MPUD Final Site Plan/Final Plat for Area "D" of the
Northwest Business Campus
LOCATION: Southwest Quadrant of Annapolis Circle and Campus Drive
GUIDE PLAN CLASS: CL (Unlimited Business)
ZONING: MPUD 81-1
BACKGROUND: `
On May 4, 1981, the City Council, by Resolution 81-281, approved the Land Use
Guide Plan Amendment and MPUD Preliminary Plat/Plan and Conditional Use Permit
for a 167 acre parcel known as the "Northwest Business Campus". The parcel
covered by this Application was designated "Area D" of the Northwest Business
Campus MPUD. On December 21, 1981, the City Council, by Resolution 81-846,
approved the final plat and development contract for the "Northwest Business
Campus" with the subject parcel designated one of several outlots.
On January 7, 1985, the City Council, by Resolution 85-1-A, approved an MPUD
Final Plan/Plat, Site Plan, and Conditional Use Permit for the Northwest
Business Campus Seventh Addition. This action redivided "Area D" of the
original MPUD providing for a McDonald's restaurant site in the southeast
corner of "Area D" and the balance of "Area D" becoming Outlot A of the
Northwest Business Campus Seventh Addition.
The Northwest Business Campus MPUD has been the subject of several Final MPUD
Plan actions over the past eight years, none of which directly influence "Area
D", with the exception of the McDonald's action noted above
Notice of this Public Hearing has appeared in the Official City Newspaper and
has been mailed to all property owners within 500 feet.
PRIMARY ISSUES AND ANALYSIS:
1. The Applicant proposes a platting of Northwest Business Campus Outlot A
into parcels representing the remainder of "Area D" of the original MPUD
Page Two
File 88133
plan and a lot that would represent "Area C" of the original MPUD plan.
Also proposed is an amendment to the MPUD Preliminary Plan and Conditional
Use Permit to change the scale and usage of "Area D" from the approved
MPUD plan. Finally, the Application provides for the final plat/site plan
covering the area known as "Area D" of the original MPUD as it is proposed
to be amended. The total final plat covers an area of 15.1 gross acres
and the final site plan covering "Area D" encompasses 5.25 acres.
2. The Amendment to the MPUD Conditional Use Permit/Preliminary Plan proposed
for what is known as "Area D" of the Northwest Business Campus MPUD is to
increase the square footage to be constructed within "Area D" from the
presently approved 25,000 square feet to a proposed 38,200 square feet.
The approved Preliminary Plan for "Area D" contemplates five freestanding
structures (one of which is the McDonald's site), while the present
proposal for "Area D" is a single structure in addition to the already
existing McDonald's site.
The uses currently approved for "Area D" contemplate five lots, as noted
above, for the combination of the following uses: a) one convenience
store; b) two Class I restaurants; c) two Class II restaurants (fast
food); d) two banking facilities.
At no time would there be any more than one convenience store, or, more
than two Class I restaurants, or, more than two Class II restaurants, or,
more than two banking facilities in this area (for a total of two banking
facilities on the entire project). There would be a total of five uses.
With the construction of the McDonald's responsive to the 1985 approval,
one Class II restaurant has been constructed, leaving four uses of which
no more than one can be a second Class II restaurant.
The Applicant proposes to broaden the list of potential tenants within
Area D" from the limited description of the original Approval noted above
to include such uses as florist, phone store, candy shop, card shop, book
store, stationery, office products, optical, shoe repair, cleaners,
printer, travel agent, package mail, employment services, medical/dental,
legal, and real estate. These would be in addition to the banking,
restaurant, and convenience store uses that have already been approved for
the site.
3. This site is a portion of an approved MPUD. The findings of Section 9,
Subdivision B, Paragraph 5j of the Zoning Ordinance applied to this
amendment in the same manner that they've applied to the previously
approved MPUD for the Northwest Business Campus. These findings are as
follows:
a. Compatibility with the stated purposes and intent of the planned unit
development.
Because no retail commercial land use guiding is assigned to this parcel,
the development of "Area D" of the Northwest Business Campus Plan is
responsive to a specific clause of the Planned Unit Development Ordinance.
Section 9, Subdivision B, Paragraph 2 of the Plymouth Zoning Ordinance
provides that consideration will be given to the integration of "small
retail convenience centers, medical and professional offices . . .
Page Three
File 88133
provided such uses are designed and intended primarily for the use of the
residents in the development . . . ". It is responsive to this provision
that the original commercial uses of "Area D" were proposed, and it is
also responsive to this clause that the Applicant now proposes to expand
both the scale and types of uses within "Area D". The Planning
Commission, in its finding as to compatibility with the Planned Unit
Development Ordinance, should determine both whether the scale of the
currently proposed retail development (38,200 square feet) and the
broadened variety of uses proposed continues to qualify the plan for this
area within the context of the Planned Unit Development Ordinance
provision as the sole basis for this commercial development.
b. Relationship to the proposed plan to the neighborhood in which it is
proposed to be located to the city's comprehensive plan, and to other
provisions of the Zoning Ordinance.
One key aspect of the relationship of what is now proposed to the
comprehensive plan and the surrounding neighborhood is that of traffic
generation. Substantial study has taken place by both the traffic
consultants of the Applicant and Strgar-Roscoe-Fausch, representing the
City of Plymouth, with regard to the incremental traffic impact of the
current proposal compared to previously approved Commercial Plan for "Area
D". The latest study by Strgar-Roscoe-Fausch presents evidence sufficient
to satisfy the Director of Public Works that the traffic impact of the
currently proposed development for "Area D" is not of large enough
increment to create future problems with the existing design for traffic
handling in this area.
Comprehensive plan relationship must also be considered in terms of the
introduction of a retail commercial land use in an area not guided for
such a land use. At some scale of activity, an introduction of an
unscheduled land use must impact similar types of land use that are
existing components of the Land Use Guide Plan. The planned commercial
areas at County Road 9 and 494; the southwest quadrant of 494 and 55; and
Vicksburg Lane and Highway 55 will at some point be impacted by a
commercial development at this location if it is created on a scale larger
than necessary to simply serve the "population" of the MPUD.
c. Internal organization and adequacy of various uses or densities;
circulation and parking facilities: recreation areas and open spaces.
The final site plan responds positively to the several ordinances and
policies with respect to the design of the site. Specifically, parking
facilities are adequately located, set back, and are of sufficient
quantity; landscaping is responsive to the landscaping policy; structures
are set back consistent with the city ordinance; the site plan is
responsive to provisions of the sign ordinance with respect to B-2 zoning
districts; all waste containers and roof top mechanical equipment is
addressed responsive to the ordinance; and the plan for stacking for the
gas pump area is of adequate design.
4. The architectural appearance of the proposed structure is of predominantly
brick with stucco and metal trim. No specific colors have been stated by
the Applicant, but in the Design Statement, dated Fehrtiary 8, 1989, the
Page Four
File 88133
Applicant's architects indicate that the structure will be "complementary
to the Northwest Business Campus". Generally the proposal responds
positively to the standards and criteria regarding site and building
aesthetics in architectural design that have been adopted by the City of
Plymouth.
PLANNING STAFF COMMENTS:
1. The quantitative impact of the proposed Plan Amendment to "Area D" of the
Northwest Business Campus with respect to infrastructure systems of the
city, particularly the road system, does not appear to be significant.
2. Staff continues to be concerned with the integrity of the Planned Unit
Development provisions for retail use where no retail land use guiding
exists. The concept of service to the MPUD must be constantly focused
upon if one is to avoid quickly crossing the line from a directed retail
service to one of a more general nature. Were this site not visible from
State Highway 55, the issue of retail service to other than the MPUD would
not be as obvious. Where Highway 55 visibility is available to this site
a highway service commercial function is certainly possible, regardless of
the purity of intent with respect to service to the MPUD only. The city
then has created a highway service commercial zone without the benefit of
the rigorous analysis land -use classification which would otherwise
accompany a change from limited commercial to service business.
3. On the basis of the scale of the Northwest Business Campus, we are
prepared to support the concept of an expanded commercial endeavor within
Area D" both in terms of scale and in terms of variety of retail use as
offered. We believe, however, that the variety of uses should be
carefully screened to concentrate on those which would be considered
service to the Northwest Business Campus MPUD. Those uses would include
those previously approved for "Area D" together with those specified
previously in this staff report, and contained on page 4 of the BRW letter
to the city dated October 21, 1988. An exception to that list would be a
real estate office. We fail to see how a real estate office directly
serves the Northwest Business Campus MPUD. We would support the continued
limitation as to the number of restaurants by type and banking
institutions as contained in the original approval of the Northwest
Business Campus MPUD for "Area V.
Page Five
File 88133
RECOMMENDATION:
I hereby recommend approval of the Amended Preliminary Plat -Preliminary Plan
and Conditional Use Permit and Final Site Plan for the Northwest Business
Campus Seventh Addition subject to a number of standard conditions and specific
conditions with respect to use of the site as reflected in the attached draft
resolution.
Submitted by:C` !d/.c:11
Charles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Draft Resolutions of Approval
2. Location Map
3. Engineer's Memo
4. City Council Resolution 81-89
5. City Council Resolution 81-281
6. City Council Resolution 81-846
7. City Council Resolution 85-1-A
8. Section 9, Subdivision B, Paragraph 2 of the Zoning Ordinance
9. Large Plans
APPROVING AMENDED MPUD PRELIMINARY PLAN/PLAT, CONDITIONAL USE PERMIT AND MPUD
FINAL SITE PLAN/FINAL PLAT FOR PRUDENTIAL INSURANCE COMPANY OF AMERICA FOR
AREA "D" OF THE NORTHWEST BUSINESS CAMPUS (88133)
WHEREAS, Prudential Insurance Company of America has requested approval for an
Amended Mixed Planned Unit Development Preliminary Plan/Plat, Conditional Use
Permit and MPUD Final Site Plan/Final Plat located at the southwest quadrant
of Annapolis Circle and Campus Drive; and,
WHEREAS, The Zoning Ordinance in Section 9, Subdivision B., 2., a., (3),
provides for the integration of small retail convenience centers within a PUD
provided such uses are designed and intended primarily for use of the
residents in the development and are not in conflict with the intent of the
Comprehensive Municipal Plan as to maintaining the integrity of the
neighborhood concept; 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 for Prudential
Insurance Company of America for the Northwest Business Campus Tenth Addition
located at the southwest quadrant of Annapolis Circle and Campus Drive,
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 No. 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.
5. Any signage shall be in compliance with the sign 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 waste storage
structures, and no outside storage is permitted.
9. An 8-1/2 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. No Building Permit to be issued until the Final Plat is filed and recorded
with Hennepin County.
pc/cd/88133:jw)
APPROVING MPUD FINAL PLAT/PLAN AND DEVELOPMENT CONTRACT FOR PRUDENTIAL
INSURANCE COMPANY OF AMERICA FOR THE NORTHWEST BUSINESS CAMPUS TENTH ADDITION
88133) (MPUD 81-1)
WHEREAS, Prudential Insurance Company of America has requested approval for
Final Plat/Plan for Northwest Business Campus Tenth Addition; and,
WHEREAS, the Planning Commission has reviewed said request and recommends
approval; and
WHEREAS, the City staff has prepared a Development Contract covering the
improvements related to said plat;
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final
Plat/Plan and Development Contract for Prudential Insurance Company of America
for the Northwest Business Campus Tenth Addition located at the southwest
quadrant of Annapolis Circle and Campus Drive; 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
PRUDENTIAL INSURANCE COMPANY OF AMERICA (88133) (MPUD 81-1)
WHEREAS, Prudential Insurance Company of America has requested approval for a
Final Plat/Plan for Northwest Business Campus Tenth Addition.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the MPUD Final
Plat/Plan for the Northwest Business Campus Tenth Addition, subject to the
following conditions:
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.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
City Policy in effect at the time of (filing the Final Plat) or (at
issuance of Building Permit).
4. Provisions for a 30 -ft. wide trail (easement) (outlot) per Comprehensive
Park Plan, as verified by the Parks and Engineering Departments, with
submittal of detailed plans as to construction of the trail per City
standards.
5. Payment of park dedication fees -in -lieu of dedication with appropriate
credits in an amount determined according to verified acreage and paving
costs and according to the Dedication Policy in effect at the time of
filing the Final Plat) or (issuance of Building Permit).
6. No Building Permits shall be issued until a Contract has been awarded for
the construction of municipal sewer and water.
7. Removal of all dead or dying trees from the property at the owner's
expense.
8. Removal of existing structures at the developer's expense.
9. Compliance with Policy Resolution No. 79-80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
10. No yard setback variances are granted or implied.
11. Approved variances are:
12. Submittal of required utility and drainage easements as approved by the
City Engineer prior to filing the Final Plat.
Page Two
File 88133
13. No Building Permits to be issued until the Final Plat is filed and
recorded with Hennepin County.
14. Appropriate legal documents regarding Homeowner Association covenants and
restrictions as approved by the City Attorney, shall be filed with the
Final Plat.
15. The Final Plat mylars shall contain a statement noting that the plat is
part of the approved MPUD 81-1 per Section 9 of the Zoning Ordinance.
16. Access shall be limited to internal public roads and prohibited from:
S
Am
A 1o:
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m \\\\\:MIEi -
DATE:
FILE NO.:
PETITIONER:
PRELIMINARY PLAT:
LOCATION:
N/A Yes No
City of Plymouth
E N G I N E E R' S M E M O
to
Planning Commission & City Council
April 5, 1989
88133
Mr. Ronald Pentz, General Manager, Prudential Insurance Company of
America, 3530 Multifoods Tower, 33 South 6th Street, Minneapolis,
MN 55402
NORTH WEST BUSINESS CAMPUS 10TH ADDITION
South of Campus Drive, west of Annapolis Lane, north of Annapolis
Circle, in the southwest corner of Section 22
1. -.2L 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
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. As shown on the Preliminary Plat.
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. As shown on the
Preliminary Plat.
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. A drainage easement for ondig pur oone_s
shall be shown on the Final Plat to an elevation of 962.1.
9. X All existing unnecessary easements and rights-of-way have been
vacated
It will be necessary to vacate the obsolete easements/right-of-way to
facilitate the development. This is not an automatic process in
conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions of
easements proposed to be vacated. The vacation of the old _pond
Number 8.
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:
DNR
MnDOT
Hennepin County
MPCA
State Health Department
2
X Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
TRANSPORTATION:
N/A Yes No
12. X Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the
City grid system for street names. The following changes will be
necessary.
13. X _ Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
14. X _ _ Acceleration/deceleration lanes provided -
Acceleration/deceleration lanes are required at the intersection of
and
15. _ X _ All existing street rights-of-way are required width -
Additional right-of-way will be required on utilities.
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.
91
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. X Per developer's request a preliminary report and plan will be
prepared by the City -
If it is their desire to have the City construct these facilities as
part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1,
of the year preceding construction.
19. _ _ X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots. The minimum basement elevations for Lot 1, Block 1. and Lot 2.
Block 1 shall be 964.1.
20. X The preliminary plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
21. X The preliminary plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4
PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL:
N/A Yes No
22. X It will be necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right-of-way. All .enter connections shall be via
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 Bassett Creek requirements.
24. A. A Plan and Profile Sheet, along with specifications shall be submitted with the
Final Plat for the storm sewer with the outlet to the pond.
Submitted by:
Fred G. Moore, P.E.
Director of Public Works
5
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: April 5, 1989
FILE NO.: 88133
PETITIONER: Mr. Ronald Pentz, General Manager, Prudential Insurance Company of
America, 3530 Multifoods Tower, 33 S. 6th St., Minneapolis, MN.
55402
SITE PLAN: CAMPUS SQUARE
LOCATION: West of Annapolis Lane, south of Campus Drive, north of Annapolis
Circle, in the southwest one quarter of Section 22.
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:
6. _ X Property is one parcel -
The approval of the site plan as proposed requires that a lot
consolidation be approved by the City Council and the necessary
resolution should be processed at the same time as the site plan
approval. Will comply with filing of the Final Plat for Northwest
Business CamRus Tenth Addition.
7.
N/A Yes No
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 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. A drainage easement for
ponding purposes shall be provided on the Final Plat of Northwest
Business Campus Tenth Addition to an elevation of 962.1.
9. X All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities. See Item 6.
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. Existing ponding
easement over old pond 8.
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
UTILITIES AND TRAFFIC:
N/A Yes No
12. _ — X
13. _ X _
14. X_
15. _ X —
16. —X—
All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
Hennepin County
MPCA
State Health Department
X Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
Complies with Storm Drainage Plan -
The site plan will be submitted to the City's consulting engineer
for review to see if it is in conformance with the City's
Comprehensive Storm Drainage Plan. All of their recommendations
shall be incorporated in a revised plan. The grading and drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
17. _ X _ Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W-2. This plate should be
referenced on the site plan.
18. X _ Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals. Less than
100 ft.
19. X _ Acceleration/deceleration lanes provided -
Acceleration/deceleration lanes are required at the intersection of
and
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.
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 Items 6 7 8. 9. 10 & 12.
5-
SPECIAL CONDITIONS REQUIRED:
27. A. The pond and the outlet to the pond shall be constructed with this site plan.
Submitted by:
Fred G. Moore, P.E.
Director of Public Works
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a _ re(y larr meeting of the Cit;,
Council of the City of Plymouth, Minnesota, was held on the 2nd day of
February , 19 81 . The following members were present:
Mayor Davenport, Councilmembers Hoyt, Neils, Schneider & Threinen
The following members were absent: None
tea*
Councilmem er Neils introduced the following Resolution and moved
Its adoption:
RESOLUTION NO. 81-89
APPROVING M.P.U.D. CONCEPT PLAN FOR PRUDENTIAL INSURANCE COMPANY FOR "NORTHWEST
BUSINESS CAMPUS"
WHEREAS, Prudential Insurance Company has requested approval of a M.P.U.D. Concept
Plan for "Northwest Business Campus" for 30 commercial and industrial lots on
approximately 167 acres located in the northeast quadrant of the intersection of
State Highway 55 and I-494; and,
WHEREAS, the Planning Commission has reviewed the proposal at a duly called Public
Informational Meeting and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the M.P.U.D. Concept Plan for
Northwest Business Campus" for Prudential Insurance Company located in the north-
east quadrant of State Highway 55 and I-494 subject to the following conditions:
1. Compliance with the City Engineer's Memorandum for this project.
2. Provision for and design of trail and open space per Alternate I.
3. Review of submitted transportation data by City designated consultant to
include analysis of proposed uses and the guiding in terms of impact upon
area transportation facilities and impact of those facilities upon the
development. Said analysis to be coordinated by the City Engineer and to
include input from the State and County Departments of Transportation.
Consultant costs to be borne by the petitioner. Traffic analysis and
studies to be completed by the preliminary plat stage.
4. Design consideration shall be given to clustering of industrial and
conxnercial buildings with the intent of providing building and yard areas
toward the public streets, with parking and driving areas to be internally
located and shared where feasible.
5. Design consideration shall be responsive to pre-,Tvation of natural woodlands
particularly in Areas B and G.
is 6. Compliance with provisions of Section 6 of the Zoning Ordinance regarding
development in or abutting the General Flood Plain District.
7. Preparation and submittal of required Environmental Assessment Worksheet
with preliminary plat; completion of required EAW review procedure prior to
final plat.
Resolution No. 81-89
Page 2
to 8. There shall be no loading or outside storage facilities on the east side of
buildings east of proposed County Road 61 and 26th Avenue North: such activi-
ties on the north and south sides of those buildings shall be substantially
screened from view to the east.
9. The possible mix of commercial uses in Area D may be one convenience store,
two Class I restaurants, two Class II restaurants, two banking facilities.
At no time shall there be anymore than one convenience storL, or more than
two Class I restaurants, or more than two Class II restaurants, o* more than
two banking facilities in this area (for a total of two banking facilities
on the entire project). The approval for this area is for a combination of
the above uses, totalling five.
10. Provision shall be made for an internal walkway system to provide for pedes-
trian circulation through individual sites and/or along public streets.
11. Provision shall be made for bus stops throughout the development either
incorporated with public rights-of-way or on private streets.
12. In conjunction with the traffic analyses, specifically address the anticipated
impact upon Xenium Lane in terms of the anticipated traffic generation and
development staging; particular attention to be given to Xenium Lane north
of the project and the need for improvements and timing of such improvements
as the result of the development.
13. The design and construction of County Road 6o and other public streets within
the development shall be in accordance with the final transportation analysis
condition #3) as approved by the City Council. It is the intent that the
intersection of 26th Avenue with County Road 61 be moved northeast approximately
100 feet further from Highway 55 than shown cn the concept plan.
14. Curb cuts to County Road 61, not to exceed five, shall be allowed in the vici-
nity between Xenium Lane and the northern boundary of the plat. Final deter-
mination will be made with the site plan approval.
15. Modification; for "turning movements" at the intersection of Highway 55 and
County Road 61, which are recommended by the approved transportation analysis
condition #3) shall be required.
16. Direct access to Highway 55 shall be eliminated concurrent with the construc-
tion of the new public street between the existing frontage road with Xenium
Lane.
The motion for the adoption of the foregoing Resolution was duly seconded
by—CQuncilmember Schneider , and upon vote being taken thereon, the
following voted in favor thereof: Mayor Davenport, Councilmembers Hoyt,
Neils. -Schneider & Threinen
The following voted against or abstained: None
Whereupon the Resolution was declared duly passed and adopted.
fes* ***
Pursuant
Council
CITY Of PLYMOUTH
to due call and notice thereof, a regular meeting of the City
of the City of Plymouth, Minnesota, was a on t e 4th day of
play , 19 81 . The following members were present:Mayo r Davenport,
Counciln.ember Neils introduced the following Resolution and moved
i s adoption:
RESOLUTION NO. 81- 281
APPROVING LAND USE GUIDE PLAN AMENDMENT AND MPUD PRELIMINARY PLAT/PLAY, AND
CONDITIONAL USE PERMITS AND REGARDING REZONING FOR PRUDENTIAL INSURANCE COMPANY
FOR "NORTHWEST BUSINESS CAMPUS" MPUD NO. 81-1 (80062)
WHEREAS, Prudential Insurance Company has requested approval of an amendment to
the Land Use Guide Plan for approximately 6 acres in the northwest quarter in
the southeast quarter of the northwest quarter of Section 22, changing the classi-
fication from Public/Semi-Public to CL (limited business); and,
WHEREAS, the petitioner has requested approval of a preliminary plat, plan,
relonings, and conditional use permits for an MPUD known as "Northwes' Business
Campus" consisting of approximately 167 acres in the northeast quadrant of the
intersection of State Highway 55 and I-494; and,
WHEREAS, the Planning Commission has reviewed the proposals at a duly called
public hearing and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it shoul.i and hereby does approve amendments to the City's Land
Use Guide Plan changing the classification of approximately 6 acres in the north-
west corner of said development from Public/Semi-Public to CL as indicated on plans
dated April, 1931 and approving the deletion of LA -4 guided land within the boundar-
ies of this development at the northwest corner substituting that area with Public/
Semi -Public;
5E IT FURTHER RESOLVED that the prelimianry plat, plan and conditional use permits
for the "Northwest Business Campus" MPUD are hereby approved per plans dated April,
1981 subject to the following conditions:
1. Compliance with the City Engineer's Memorandum for this project.
2. Final plan to include design of the public trail on that portion of the
corridor above the Hundred Year High Water Elevation; compliance with City
Park Dedication Policy to be in conjunction with individual site plan approvals
based upon the appc-oved final plans for the development and upon the Park
Dedication Policy in effect at the time of site plan approvals. Alternate
trail design (elevation) will be considered at final plat stage.
3. Design consideration shall be applied it final plan stage and at individual
site plan stage to clustering of indi.,,,-jal and commercial buildings with the
intent of providing building and yard areas toward the public streets with
parking and driving areas to be internally located and shared where feasible.
Resolution No. 81-281
Page 2
4. Design consideration shall be responsive to preservation of natural woodlands
throughout the site and in particular in Areas A. B. G and I.
5. Issuance of conditional use permit per Section 6 of the Zoning Ordinance regarding
development in or abutting the General Flood Plain District shall be a function
of approval by the Department of Natural Resources as verified by the City Engineer.
6. Completion of required EAW review prior to final plat and prior to commencement
of site grading.
7. Minimum building setback requirements from front property lines may be reduced
to no less than 35 feet in those cases where sites have been designed to provide
for internal parking and circulation with yard areas toward the street.
8. Building height greater than the ordinance maximum shall be allowed per the
additional height provisions of Section 10 of the Zoning Ordinance provided
all applicable ordinance requirements including minimum parking standards are
met; exceptions to this provision shall be in the following areas: Areas B, C,
E and F where the maximum building height shall be no greater than six (6)
stories and in Area 1 maximum height of structures on Lots 3, 4, and 5 of Block
3 shall be no greater than 35 feet.
9. There shall be no loading or outside storage facilities on the east side of the
buildings on Lots 3, 4, and 5. Block g, east of proposed County Road 61 and
north of 26th Avenue North; such activities on the north and south sides of
those buildings shall be substantially screened from view to the east.
10. There shall be no outside trash disposal facilities except in specific areas
appropriately screened as approved by the City in conjunction with site plan
approvals. Restrictive covenants to be filed with the final plat shall address
this pr(O Sion for trash disposal facilities.
11. Final plan shall include a master walkway system to provide for pedestrian
circulation to individual sites and/or along public streets; said master plan
to apply to individual site plan approvals.
12. Provision shall be made for bus drop off/pick up facilities throughout the
development, either incorporated with public rights-of-v,ay or on private drives.
13. The design and construction of County Road 61 and other public streets within
the development shall be in accordance with the final transportation study
approved by the City Council at the time of final plat approval. Xenium Lane
should be installed to the appropriate urban section with Phase I of the
development to Councty Road 9; 30th Avenue North should be cul -de -laced and not
intersect with Councty Road 61.
14. Curb cuts onto County Road 61, not to exceed 5, shall be allowed in the vicinity
between 26th Avenue North and the north boundary of the plat. Final determination
of location of those curb cuts as well as curb cuts throughout the development
will be made with site plan approvals. Joint site access throughout the
development is encouraged.
15. Cirect access to Highway 55 whall be eliminated concurrent with the construction
of the new public streets adjacent to proposed Block 7.
Resolution No. 81-281
Page 3
16. Final plans and plat shall be in accordance with Section 9 of the Zoning
Ordinance relative to planned unit developments and shall incllide proposed
restrictive covenants relative to such matters as signage, trash disposal
facilities, outside storage and the like. Building setback requirements for
proposed Lot 5, Block 3 relative to the south exposure shall be a minimum
50 feet considering that the use of the residential property across 26th
Avenue North is a church which is institutional in character and does not
include any residential dwellings.
17. Final plat shall address the small remnant parcel on the south side of
Highway 55 to include ultimate disposition by means of public dedication
or incorporation with adjacent sites.
18. All areas within the development shall be included in the final plat wither
in the form of rights-of-way. platted lots, or outiots.
19. The proposed structure in Area A on Block 1, Lot 5 (the area reguided) shall
have direct street access unless by legal covenant approved by the City no
future subdivision of the parcel will be made.
20. Requiring the developer to submit petitions for the i^provement of streets
and roads not included in Phase I development and properly address these
conditions in the development contract so that should the City determine
construction of these streets must proceed on an accelerated schedule
relative to the developer's plans, such action may be commenced by the
City.
The motion for the adoption of the foregoing Resolution was duly seconded
by co„ , and upon vote being taken thereon, the
following voted in favor thereof: Mayor Dave;. Councilmembers Neils,
The following voted a9a nst orabstained:
Whereupon the Resolution was declared duly passed and adopted.
CITY Of PLYMOUTH
Pursuant to due call and notice thereof, a requlpr sweting of the City
Council of the City of Plymouth, Minnesota. WAS holdO— ndie 21st day of
December . 19M,, The following members were present ilayor Davenport,
Councilmembers Hot Neils Schneider and Threinen
The following members were absent: none -
Councilmember Neils introduced the following Resolution and moved
Its adoption:
RESOLUTION NO. 81- 846
RESOLUTION SETTING CONDITIONS TO BE MET PRIOR TO FILING FINAL PLAT AND PRIOR TO
PUBLISHING REZONING ORDINANCE FOR PRUDENTIAL INSURANCE COMPANY FOR "NORTHWEST
BUSINESS CAMPUS" MPUD 81-1 (80062)
WHEREAS, the City Council has approved the Final Plat/Plan for Northwest
Business Campus MPUD 81-1 for Prudential Insurance Company, and a Development
Contract therefore; and,
WHEREAS, City Council has approved an Ordinance rezoning certain portions of the
property not already classified in an Urban Zoning District;
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 filing the Final Plat with Hennepin County and prior to publication
of the adopted zoning Ordinance in the legal newspaper:
1. Compliance with the City Engineer's Memorandum.
2. Submittal of required utility and drainage easements as approved byCityEngineer.
3. The Ordinance rezoning this property shall be published upon evidence
that the final plat has b(:en filed and recorded with Hennepin County.
4. The land on either side of County Road 61, northerly of the existing26thAvenueNorthright-of-way. shall be platted as outlots, to be
replatted upon development, upon incorpora;.ion of the 26th Avenue North
right-of-way.
5. Street names shall be in accordance with approved graphic no. 80062
entitled "Street Names Per Naming Policy".
6. Brookshire Lane, 26th Avenue North, and Xenium Lane shall be vacated
by the City.
The motion for the adoption of the foregoing Resolution was duly secondedbyCouncilmemberSchneider ,
and upon vote being taken therehefollowingvotednFavorn, thetereo : Mayor Davenport, Councilmembers 9 n,
idgr And hreinen
he o ow ng vote a?a nst or abstained: none
Whereupon the Resolution was declared duly passe and a opte .
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adopt
APPROVING MPUD FINAL PLAT/PLAN,'' $RITE PL. Aft CONDITIONAL USE*,PEWIT FOR'. FOR
INSURANCE COMPANY -AND Nc00NALC'$; CORPORATION 'QR`NORTHWEST, 9USINESS CA PUS SEVENTH
ADDITION AND CLASS II-RESTNA WI 80062 8t094'lPUp:81•li
WHEREAS, Prudential Insurance- Company •nd McDonald's Corporation have requested.
approval - of a Final Plat.. Site Plan and Conditional ' Use Perri t . for. one lot and an
outloto and construction of a 3,500'sq. It, Class II restaurant with "drive-through"`
service located southwest of Annapolis C4rcle:'and Campus Drive, and north of Highway'
SS in the Northwest Business Campusi ands
MHEREAS9 the Planning Commission has reviewed.said request at a duly called Public
Nearing:
NOMI, THEREFORE9 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH
NINNESOTA9 that it should and hereby does approve the MPUD Final Plat/Plan, Site'Plan
and Conditional Use Permit for Prudential Insurance Company and McDonald's Corpora-
tion for one lot and an outlotg and a 3,500 sq, ft. restaurant with "drive-through"
service located southwest of Annapolis Circle and Campus Drivel and north of Highway
SS in the Northwest Business Campus, subject,to the following conditions:
1. Compliance with City Engineer's Membrvx6e
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. Submission of required financial guarantee and. Site Performance Agreement for
completion of site improvements.
4. Any subsequent phases or expansions are subject to required reviews and approv-
als per Ordinance provisions.
S. Compliance with the Ordinance regarding the location of fire hydrants and fire
lanes.
6. All waste and waste containers shall be stored within approved designated areas
as diagrammed on the plans dated November 27t 1984, and no outside storage is
permitted.
7. No Building Permit to be issued until the Final Plat is filed and recorded with'.
Hennepin County.
PLEASE SEE PAGE TMO
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11. The 00 shall be malfftt* .14 a Sanstarw mamer
12. There4hall be no outside d1*playj:-:,jdqs or -storage of aerchandise or relitedT
materials,
13. All parking shall be'off.&tr"t $roldef4pnoted areas Wch comply with the 6ning
Ordinance.
14, A 10 ft. setback to the north and west property lines to allowed.
The mo of the 9 byIonfortwepl" ft"IWM an dulyCouncilmemberCrain
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PLYMOUTH ZONING ORDINANCE
Section 9, Subdivision B
d. The provisions for Plann— eV -+W XJDevelopments in this section are applied in
two separate and distinct forms: sidential Planned Unit Development
R.P.U.D.) and a Mixed Use Planned Unit Deve t (M.P.U.D.). Where provis-
ions are not specifically designated for either the U.D. or M.P:U.D., they
apply to both types. All property within a R.P.U.D. shal in one or more R
Districts. Within a M.P.U.D. land shall include one or more n -residence
districts and may or may not include one or more R Districts.
2. Permitted Uses
a. Within a R.P.U.D. no land or buildings shall be used except for one or more of
the following uses:
1) Those uses listed as permitted or conditional uses in the District(s) in
which the development is proposed.
2) A variety of housing types allowable in any one Residence Zoning may be
provid District ed in any of the Residence Zoning Districts within a
R.P.U.D., subject to 3., a., (2), of this Subdivision.
3) Consideration will be given to the integration of small retail conven-
ience centers, medical and professional offices within a R.P.U.D., pro-
vided such uses are designed and intended primarily for use of the resi-
dents in the development and not in conflict with the intent of the
Comprehensive Municipal Plan as to maintaining the integrity of the
neighborhood concept.
b. Within a M.P.U.D. no land or building shall be used except for one or more of
the following uses:
1) Those uses listed as permitted or conditional uses in the Zoning
District(s) in which the development is proposed.
2) Principal uses as allowed in Subparagraph b., (1), above and as uses any
allowable secondary uses in any of the Zoning Districts of this
Ordinance.
tions
NEW—
a. Area and Density Regulations
1) The minimum total land area shall be not s than forty (40)
acres. Lots of less than forty (40) acre, ay qualify only if the
applicant can show that the minimum ar$#--,0requirement should be waived
because a P.U.D. is in the public iqt. est and that one or both of the
following conditions exist:
a) Unusual features -of property itself or of the surrounding
neighborhood, -are -, that development under the standard provis-
ions of Oee' normal District would not be appropriate in order to
conser-ee a feature of importance to the neighborhood or community.
9-7
3
A - OFFICE/OFFICE RESEARCH
0- OFFICE
C - HOTEL -MOTEL / OFFICE
0- COMMERCikL COMBINATION
E - OFFICE/ OFFICE - BANK
F - OFFICE
G - SERVICE. STATION
H - INDUSYRIAL
JAW
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s
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all j
i{LE N0. OG s
PLANNING COMMISSION ACTlOy
BVPROVAL [IQENIAL
DATE - - Q2. OFFICIAL A r
NortkmgV gWimW tam u
RUOENTIAI INSURANCI CCL
Wcows.w.fw%&"Ocu.•ts 'W -
GENERAL DEVELOPMENT PLAN
J—" 182
r
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE April 3, 1989 COMMISSION MEETING DATE: April 12, 1989
FILE NO.: 89013
PETITIONER: Carlson Real Estate Company
REQUEST: Conditional Use Permit to construct two-family (duplex)
structures in the Carlson Center 3rd Addition
LOCATION: Between Fifth Avenue North and Carlson Parkway east of
Zinnia Lane and in the southwest quadrant of Carlson
Parkway and Berkshire Lane
GUIDE PLAN CLASS: LA -2 (Low -Density Multiple Residence)
ZONING: R-2 (Low -Density Multiple Residence)
BACKGROUND:
By Resolution No. 81-143 adopted March 2, 1981, the City Council approved a
preliminary plat and general development plan for the "Carlson Center Annex"
for the platting and general planning of this entire area. Subsequently on
April 20, 1981, the City Council approved a revised preliminary plat and
general development plan for this area.
On June 17, 1985, the City Council, by Resolution 85-424, approved a final
plat and development contract for the Carlson Center Third Addition. That
final plat incorporated all 14 lots contained within this application.
Rezoning of the 14 lots to R-2 was accomplished concurrent with the final plat
action.
Notice of this Public Hearing has been published in the Official City
Newspaper and mailed to all property owners within 500 feet.
PRIMARY ISSUES AND ANALYSIS:
I. Proposed is a "blanket" Conditional Use Permit covering 14 lots of the
Carlson Center Third Addition to allow construction of two-family
dwellings consistent with Section 7, Subdivision C, No. 2 of the Plymouth
Zoning Ordinance. A Conditional Use Permit is required for a two-family
dwelling in residential zoning districts R -1B through R-4.
2. The most current General Development Plan (March 20, 1981) for this area
of the Carlson Center project clearly anticipates the development of these
Y
14 lots as duplex sites. The 14 lots are of the required area, width at
the front setback line, and depth consistent with the provisions of
Section 7, Subdivision D, Paragraphs 1, 3, and 4 of the Zoning Ordinance
to qualify as two-family sites.
3. The Zoning Ordinance provides for the Planning Commission to review all
applications for Conditional Use Permits and consider such applications
with respect to conformance with six specific standards. Those standards
are found in Section 9, Subdivision A, Paragraph 2 of the Zoning
Ordinance. A copy of those standards is attached to the Staff Report.
The Petitioner has submitted narrative support for his Application
responsive to the Conditional Use Permit standards by a letter dated March
2, 1989, included with the Staff Report. In addition, the Petitioner has
submitted a schematic design for the two-family dwelling units that would
be constructed on these 14 sites. The Petitioner is not required to
submit a specific site plan, and the drawings that have been submitted for
the two-family structures are considered only as schematic to indicate the
architectural appearance intended by the Petitioner.
4. A review of the 14 sites within the context of the Plymouth Physical
Constraints Analysis finds them to be located in the Bassett Creek
Watershed District; not to be located in any existing shoreland, floodplain, or wetland of significance; to contain a small portion of
significant woodlands; to be of generally less than 12% slopes and to be
suitable for urban development with public sewers. No physical
constraints appear that would preclude development of the 14 lots with
two-family dwellings.
PLANNING STAFF COMMENTS:
I. We find that the proposed Conditional Use Permit to develop 14 lots is
consistent with the approved preliminary plat, General Development Plan,
and guiding/zoning of the 14 lots. Two-family development of these lots
has been contemplated since the 1981 approval of the preliminary plat and
General Development Plan.
2. We find that the proposed Conditional Use Permit responds positively to
the six standards found in Section 9 of the Zoning Ordinance that form the
basis for the Planning Commission recommendation for a Conditional Use
Permit.
3. We note that the construction of County Road 61 has resulted in an
extended median south from Sixth Avenue North that precludes left turns
into and out of Fifth Avenue North servicing this neighborhood. This
design feature will tend to direct traffic to/from the south serving these
14 lots to use the Sunset Trail intersection with County Road 61. The
total "extra" ADT (average daily traffic) using Zinnia Lane or Berkshire
Lane as the result of the two-family structures would appear to be less
than 60 vehicles per day, and therefore not significant.
4. The proposed development of the 14 lots for two-family dwellings is as
consistent with the Physical Constraints Analysis as use of single-family
lots would be.
RECOMMENDATION:
We hereby recommend approval of the proposed Conditional Use Permit to allow
construction of two-family dwellings on 14 lots now zoned R-2 in the Carlson
Center Third Addition. The attached draft resolution provides for approval
subject to standard conditions.
Submitted by:
Charles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Draft Resolution of Approval
2. Resolution 81-143
3. Resolution 81-259
4. Carlson Center General Development Plan dated March 20, 1981
5. Resolution 85-424
6. Petitioner's letter of March 2, 1989
7. Architectural Schematics of proposed two-family dwellings
pc/cd/89013:lt
CONDITIONAL USE PERMIT FOR CARLSON REAL ESTATE COMPANY (89013)
WHEREAS, Carlson Real Estate Company has requested a Conditional Use Permit
for two-family structures on Lots 1-3, Block 1; Lots 1-8, Block 3; and Lots 1-
3, Block 4, Carlson Center Third Addition; 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 for a
Conditional Use Permit to construct two-family dwellings on Lots 1-3, Block 1;
Lots 1-8, Block 3; and Lots 1-3, Block 4, Carlson Center Third Addition,
subject to the following conditions and based on the following findings:
1. The permit is subject to all applicable codes, regulations and
Ordinances.
2. All construction shall comply with Zoning Ordinance standards. No
variances to setback or other standards are approved.
3. All dead, dying and diseased tress shall be removed at owner's expense.
4. The Conditional Use Permit is consistent with the standards for a
Conditional Use Permit enumerated by Section 9, Subdivision A of the
Plymouth Zoning Ordinance.
5. The permit is for new two-family dwellings on the lots indicated.
pc/cd/89013:jw
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 tne 2nd __ day of
March , 1981 . The following members were present:
Mayor aven or , ouncilembers Hoyt, Neils Schneider S Threinen
The following me ers were absent: None
Councilmember Threinen introduced the following Resolution and moved
s adoption:
RESOLUTION NO. 81-143
APPROVING PRELIMINARY PLAT AND REGARDING REZONING FOR CARLSON PROPERTIES FOR
CARLSON CENTER ANNEX" AT THE SOUTHWEST QUADRANT OF XENIUM LANE AND NEW COUNTY
ROAD 15 (81002)
WHEREAS, Carlson Properties, Inc., has requested approval of a preliminary plat
and rezoning of approximately 17.2 acres at the southwest corner of Xenium Lane
County Road 61) and new County Road 15 for a residential development to be known
as "Carlson Center Annex" consisting of 12 single family dwelling iats, 11 two
family dwelling lots, and two outlots, with the rezoning to be from FRO to R -1A
and R-2; and,
WHEREAS, the Planning Commission has reviewed the request at a duly called public
hearing and has recommended approval; and,
WHEREAS, the preliminary plat was submitted in part in response to City Council
direction under Resolution No. 80-805 approving the preliminary plat for "Carlson
Center" and in response to Council direction on November 3, 1980 and December 15,
1980;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the preliminary plat and general
development plan for Carlson Properties, Inc., for "Carlson Center Annex" consist-
ing of single family and two family dwelling lots on approximately 17.2 acres atthesouthwestquadrantofXeniumLaneandnewCountyRoad15subjecttothefollow-
ing conditions:
1. Compliance with the City Engineer's Memorandum.
2. Zoning of that portion of the project west of County Road 61 shall be R-2; zoning for that portion of the project east of County Road 61 shall
subject to the approved general development plan and conditional use permit
review at the time of development; rezoning to be finalized with the filing
of final plat.
3. Approval includes Revised Alternate A for Carlson Center per December 12, 1980
staff memorandum, except the cul-de-sac at the east end of 5th Avenue North
shall be deleted and 5th Avenue North shall be connected to County Road 61;
and the final platting of Carlson Center Annex shall be coordinated with the
final platting of Carlson Center.
Resolution No. 81-143 • •
Page 2
4. No private drive access onto new County Road 15.
5. Proposed Lots 1, 2, and 3, Block 3, east of County Road 61 to be platted
as outlots.
6. The south portion of County Road 61 shall be moved to the east as much as
possible to minimize the impact on the residential property on the west
side of County Road 61.
7. Compliance with City Park Dedication Policy in effect at the time of filing
of the final plat, subject to further review of area park needs by PRAC
prior to final plat submittal.
8. Revision of Carlson Center general development plan and preliminary plat
to incorporate the approved revision per Carlson Center Annex preliminary
plat and area circulation pattern.
9. The looped street east and south of County Road 15 shall be modified to
connect with the intersection of Zinnia Lane.
The motion for the adoption of the foregoing Resolution was duly seconded
by Councilmember Neils , and upon vote being taken thereon, the
fol owing voted in favor t ereo : Mayor Davenport, Councilmembers Hoyt,
Neils Schneider S Threinen
The following voted against or abstained: None
Whereupon the Resolution was declared duly passed and adopted.
L
CITY OF PLYMOUTH
is
Pursuant to due call and notice thereof* a regular meeting of the City
Council of the City of Plymouth, Minnesotawas a on a 20th day of
19.,L. The following members were present r Davenport,
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unvr_ Nails_ Schneider and_Threinen
he following
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Councilmember Schneider introduced the following Resolution and moved
its a opt on:
RESOLUTION NO. 81- 259
APPROVING REVISED PRELIMINARY PLAT AND REGARDING REZONING FOR CARLSON PROPERTIES
FOR "CARLSON CENTER ANNEX" AT THE SOUTHWEST QUADRANT OF XENIUM LANE AND NEW COUNTY
ROAD 15 (87.002)
WHEREAS, Carlson Properties, Inc. has received approval of a preliminary plat
and direction regarding rezoning for approximately 11.2 acres at the southwestcornerofXeniumLaneandNewCountyRoad15foraresidentialdevelopmentto be
known as "Carlson Center Annex" subject to a number of conditions under Council
Resolution No. 81-143; and,
WHEREAS, that resolution directed a number of revisions including coordination
with revisions proposed to the adjacent "Carlson Center" development (File 80019)
which received preliminary plat approval under Resolution No. 80-805; and,
WHEREAS, the Planning Commission has reviewed the request at a duly called public
hearing and has recommended approval; and,
WHEREAS, the City Council on March 2, 1981 reviewed proposed revisions to both
Carlson Center and Carlson Center Annex as addressed in Resolution No. 81-143;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the revised preliminary plat and
general development plan for Carlson Properties, Inc. for "Carlson Center Annex"
consisting of single family and two family dwelling lots on approximately 11.2acresatthesouthwestquadrantofXeniumLaneandNewCountyRoad15perplans
dated April, 1981, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Zoning of that portion of the project west of County Road 61 shall be R-2; zoning for that portion of the project east of County Road 61 shall besubjecttotheapprovedgeneraldevelopmentplanandconditionalusepermit
review at the time of development; rezoning to be finalized with the filing
of final plat.
Resolution No. 81-259
Page 2
3. No private drive access onto new County Road 15.
4. Compliance with City Park Dedication Policy in effect at the time of filing
of the final plat, subject to further review of area park needs by PRAC
prior to final plat submittal.
BE IT FURTHER RESOLVED that Resolution No. 81-143 is hereby recinded.
The motion for the adoption of the foregoing Resolution was duly saconded
by Councilmember Threinen , and upon vote being taken thereon, the
fol ow ng vo in favor thereof: aygr Davenport, Councilmembers Novt,
The following voted aga nst orabstained—*:.-- n
Whereupon the Resolution was declared duly -passed and Adopted.
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CITY Of PLYMOUTH
Pursuant to due call and notice thereof, a Regular_ meeting of the City Council of
the City of Plymouth, Minnesota, was held on the 17th day of June . 19 5.
The following members were present: Deputy Mayor"SChneicher, Counct mem ei7sTrain ,
Neils and Vasiliou
The following mewbers were absent:may-6-7 Uavenport
t ta;
Councilmember Vasiliou introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 85-424
SETTING CONDITIONS TO RE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR CARLSON
CENTER THIRD ADDITION FOR C.ARLSON PROPERTIES, INC. (91002)
WHEREAS, the City Council has approved the Final Plat and Development Contract for
Carlson Center Thirst Addition as requested by Carlson Properties, Inc.;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the following to be met, prior to
recording of, and related to said plat:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with City
Policy in effect at the time of filing the Final Plat.
3. Submittal of required utility and drainage easements as approved by the CityEnqineerpriortofilingtheFinalPlat.
The motion for adoption of the foregoing Resolution was duly seconded byCouncilmemberCrainanduponvotebeingtakenthereon, the
following voted in favor thereof: y yor Schneider, Councilmembers Crain,
Neils and Vasiliou
The following voted against or abstained: none
Whereupon the Resolution was declared duly passed and adopted.
CARLSON REAL ESTATE COMPANY
VIA MESSENGER
March 2, 1989
Mr. Charles E. Dillerud
Community Development Coordinator
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: CARLSON CENTER THIRD ADDITION DUPLEX LOTS
Dear Mr. Dillerud:
Carlson Real Estate Company desires to make application for a "blanket"
conditional use permit to allow for development of two-family residences
upon the 14 duplex lots located in Carlson Center Third Addition. In
connection with this application, enclosed please find the following
items:
1. Completed application form.
2. Map indicating location of the subject property.
3. List of current record owners of all property within 500 feet
of the subject property, together with mailing labels for said
owners.
4. Drawings which show proposed site plans for Lots 2 and 3,
Block 4, Carlson Center Third Addition.
5. Set of drawings which show proposed design plans for Lots 2
and 3, Block 4, Carlson Center Third Addition.
Please note that the required application fee of $120.00 for this matter
was forwarded to the City in November, 1988. I believe that Colleen in
the Finance Department can confirm this payment.
We believe the issuance of a blanket conditional use permit to allow for
the development of two-family residences on these 14 duplex lots is in
conformance with the following standards as set forth in Section 9 of the
Zoning Ordinance:
1. Compliance with the Comprehensive Plan.
2. The proposed use will not be detrimental to the public
welfare.
3. The proposed use will not be injurious to the use and
enjoyment of neighboring property and will not substantially
diminish or impair property values within the neighborhood.
3222 Plaza VII, 45 South Seventh Street, Minneapolis, Minnesota 55402 612-333-9898
Mr. Charles Dillerud
March 2, 1989
Page Two
4. The proposed use will not impede the normal and orderly
development and improvement of surrounding property.
5. The local streets have been designed and constructed so as to
provide adequate ingress and egress and to minimize traffic
congestion in the area.
6. The proposed use shall conform to the applicable regulations
of the R-2 District.
It is my understanding that this application can be scheduled for the
April 12, 1989, meeting of the Planning Commission. Please let me know if
this is not the case.
Please do not hesitate to contact me if you have any questions or would
like any additional information concerning this application. Thank you
very much for your assistance.
Very truly yours,
CARLSON REAL ESTATE COMPANY
Larry J. Chiat
Attorney at Law
612) 333-9866
LJC/jmm
Enclosures
CAM SON REAL ESTATE COMPANY
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE April 4, 1989 COMMISSION MEETING DATE: April 12, 1989
FILE NO.: 89018
PETITIONER: O'Bresky Enterprises, Inc.
REQUEST: Conditional Use Permit for a Class II Restaurant to be
located in the Waterford Park Plaza Shopping Center
LOCATION: Northeast corner of State Highway 55 and Revere Lane
GUIDE PLAN CLASS: CL (Limited Business)
ZONING:
BACKGROUND:
MPUD 86-1
On August 24, 1987, by Resolution 87-540, the City Council approved a Land Use
Guide Plan Amendment and Planned Unit Development Concept Plan to permit
construction of a retail/office development on a site of 21.3 acres. An MPUD
Preliminary Plan/Plat and Conditional Use Permit was approved for this site by
City Council Resolution 88-308 on June 6, 1988.
Notice of this Public Hearing was published in the Official City Newspaper and
mailed to all property owners within 500 feet. A development sign was placed
on the property.
PRIMARY ISSUES AND ANALYSIS:
1. Applicant proposes to utilize one 1,400 square foot bay of the new
Waterford Park Plaza neighborhood shopping center (Bay 104) as a Subway
Sandwich (Class II) restaurant. The facility would seat 32 and feature a
42 square foot service counter area for carryout orders.
2. The carryout function proposed results in the classification of the
proposed restaurant as "Class II". Class II restaurants are allowable
only by a Conditional Use Permit in the commercial zoning districts.
Section 9, Subdivision A, Paragraph 2, of the City Code provides six
standards that the Planning Commission is required to consider in its
review and recommendation to the City Council on any Conditional Use
Permit. A copy of those six standards is attached to this Staff Report.
The Applicant has provided a narrative response to the six standards with
his Application of March 17, 1989. That narrative response together with
a brief description of their request is attached to this Staff Report as
well.
3. The restaurant use as proposed will generate the requirement for 16 off-
street parking spaces based on a formula of one off-street parking space
for each 2-1/2 seats, plus one off-street parking space for each 15 square
feet of service counter area. The same 1,400 square foot area as a retail
use will generate a need for nine off-street parking spaces based on the
formula of six spaces per 1,000 square feet of floor area. Therefore, the
proposed Conditional Use Permit will generate a off-street parking need
seven spaces in excess of the off-street parking designed for the shopping
center.
PLANNING STAFF COMMENTS:
1. We find that the proposed restaurant use responds affirmatively to the six
standards specified by the Zoning Ordinance for all Conditional Use
Permits.
2. We find that the off-street parking provisions are complied with, partly
as a function of being one of the early uses in the structure, but we
caution the owner of the shopping center that the "running count" is
maintained by the Planning Department. Restaurant utilization of shopping
center space, particularly Class II restaurants, rapidly involves off-
street parking beyond that of retail use. As the center approaches full
occupancy, lack of off-street parking may preclude additional certificates
of occupancy because existing uses have absorbed all available off-street
parking by formula.
RECOMMENDATION:
We recommend approval of the Conditional Use Permit for a Class II restaurant
in the Waterford Park Plaza Shopping Center (Bay 104) subject to the standard
conditions contained in the attached Resolution of Approval.
N
Submitted by:
Charles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
I. Draft Resolution of Approval
2. Location Map
3. Layout Schematic
4. City Council Resolution 88-308
5. Conditional Use Permit Standards/Criteria
O'BRESKY ENTERPRISES, INC. CONDITIONAL USE PERMIT FOR A CLASS II RESTAURANT
TO BE LOCATED IN THE WATERFORD PARK PLAZA SHOPPING CENTER (89018)
WHEREAS, O'Bresky Enterprises, Inc. has requested a Conditional Use Permit for
a Class II Restaurant to be located in the Waterford Park Plaza Shopping
Center; 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 for
O'Bresky Enterprises, Inc., subject to the following conditions:
1. The permit is subject to all applicable codes, regulations and
Ordinances, and violation thereof shall be grounds for revocation.
2. The permit is issued to the as operator of the facility and shall not be
transferable.
3. The site shall be maintained in a sanitary manner.
4. All waste and waste containers shall be stored within approved designated
areas as diagrammed on the plans dated
5. Any signage shall conform with the City Ordinance standards.
6. There shall be no signage allowed on the property relative to the use.
7. There shall be no outside display, sales, or storage of merchandise or
related materials.
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CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting of the City Council of the
City of Plymouth, Minnesota, was held on the 6th day of June , 1988. The
following members were present: Deputy Mayor Sisk, Councilmembers Vasiliou,
Ricker and Zitur
The following members were absent: Mayor Schneider
Councilmember Vasiliou introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 88-308
APPROVING PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR
RYAN CONSTRUCTION COMPANY OF MINNESOTA FOR WATERFORD PARK PLAZA (MPUD 86-1) (87027)
WHEREAS, Ryan Construction Company of Minnesota has requested approval for a Rezoning,
Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Waterford
Park Plaza, for three commercial/office lots on 21.34 acres located in the northeast
quadrant of State Highway 55 and Revere Lane (extended); and,
WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hear-
ing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the Planned Unit Development Preliminary
Plan/Plat and Conditional Use Permit for Ryan Construction of Minnesota for property
located in the northeast quadrant of State Highway 55 and Revere Lane (extended),
subject to the following conditions:
1. Compliance with the City Engineer's Memorandum as amended, and the Traffic
Engineering consultant's recommendations.
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 issuance of Building Permit.
5. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for
new structures in subdivisions adjacent to, or containing any open storm water
drainage facility.
6. Rezoning shall be finalized with filing of the Final Plat.
7. No Building Permits shall be issued until the Final Plat is filed and recorded
with Hennepin County.
8. Approval of PUD Preliminary Plan/Plat includes no Variances from Zoning Ordinance
specifications, specifically off-street parking and structure parking setbacks.
CONTINUED ON PAGE TWO
Page 2
Resolution No. 88-308
9. The final plat shall show Lot 1, Block 2, as an outlot, due to its size.
10. Demolition of the DeVac building shall be no later than October 17, 1989.
The motion for adoption of the foregoing Resolution was duly seconded byCouncilmemberZitur , and upon vote being taken thereon, the followingvotedinfavorthereof: Deputy Mayor Sisk, Councilmembers Vasiliou,
Ricker and Zitur The followingvotedagainstorabstained: None Whereupon the
Resolution was declared duly passed and adopted.
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2. Procedure. Before any Conditional Use Permit may be granted, the application
therefore, shall be referred to the Planning Commission for purposes of evalua-
tion against the standards of this Section, Public Nearing, and development of a
recommendation to the City Council, which shall make the final determination as
to approval or denial.
a. The Planning Commission shall review the application and consider its con-
formance with the following standards:
1) Compliance with and effect upon the Comprehensive Plan.
2) The establishment, maintenance or operation of the conditional use will
promote and enhance the general public welfare and will not be detrimen-
tal to or endanger the public health, safety, morals or comfort.
3) The conditional use will not be injurious to the use and and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood.
4) The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted in the District.
S) Adequate measures have been or will be taken to provide ingress, egress,
and parking so designed as to minimize traffic congestion -in the public
streets.
6) The conditional use shall, in all other respects, conform to the appli-
cable regulations of the district in which it is located.
A.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE April 4, 1989 COMMISSION MEETING DATE: April 12, 1989
FILE NO.: 88146
PETITIONER: OPUS Corporation/Tennant Corporation
REQUEST: MPUD Final Site Plan/Final Plat
LOCATION: Northwest corner of County Road 18 (Highway 169) and County
Road 10 (Bass Lake Road)
GUIDE PLAN CLASS: I -P (Planned Industrial) and CL (Limited Business)
ZONING:
BACKGROUND:
MPUD 89-1
By Resolution 81-339 an MPUD Concept Plan was approved on the subject parcel
for the Tennant Company in 1981. Concurrent with that action, by Resolution
81-340, the Land Use Guide Plan was also amended, resulting in guiding of the
property to CL (the eastern portion) and I -P (the western portion).
On February 27, 1989, the City Council, by Resolution 89-105, approved an
amended MPUD Concept Plan for this site reflecting minor changes in layout and
proposed use. On that same date, the City Council adopted Resolution 89-106,
approving an MPUD Preliminary Plan/Plat and Conditional Use Permit with
detailed design for the 25 -acre center section of the MPUD involving a
structure of 200,000 square feet to be occupied by Schneider USA.
PRIMARY ISSUES AND ANALYSIS:
1. The proposal is for an MPUD Final Plan/Plat creating a lot of 25 acres and
an outlot constituting the balance of the Tennant Corporate Center MPUD.
The MPUD Final Site Plan submitted is for the construction of a 200,000
square foot single -tenant headquarters/production facility for Schneider
USA.
2. Section 9, Subdivision B, Paragraph 5k, of the Zoning Ordinance provides
that the final plat and site plan shall be in substantial compliance with
the approved Preliminary Site Plan and Plat. Responsive to that
requirement, the floor area presented with this Final Site Plan has not
been increased over the floor area approved with the MPUD Preliminary
Plat/Plan/Conditional Use Permit. There has been no decrease or
alteration in the original configuration of open space to the site. The
approved MPUD Preliminary Plan does not include any public open space,
with all public open space requirements to be met in the form of cash fees
in lieu. All special conditions of the Preliminary Plan/Plat/Conditional
Use Permit Approval Resolution have been complied with to the extent that
such compliance is appropriate with respect to the Final Site Plan. Those
conditions not as yet applicable will be carried forward to the
development contract or the resolution of conditions to meet prior to
filing of the final plat.
3. Review of the Final Site Plan in the context of the Plymouth Physical
Constraints Analysis reveals that site is located within the Shingle Creek
Watershed District; does contain floodplain but not with respect to the
immediate site upon which the Final Site Plan is proposed; is partially
within the shoreline management area of Bassett Creek and meets the
shoreland overlay zoning requirements that are imposed; contains no
wetlands of significance within the immediate site that is proposed for
the Final Site Plan; contains no woodlands on the immediate site proposed
for Final Site Plan; contains no slopes of significance over 12%; and is
suitable for urban development with public sewers over the portion of the
site that is subject to this Final Site Plan.
4. The Final Site Plan responds affirmatively to the several ordinances and
policies of the City of Plymouth that relate to site design.
Specifically, the site plan meets all ordinance setback provisions; meets
ordinance lot coverage (specifically, lot coverage within the shoreland
area) requirements; meets all landscape policy requirements; complies with
ordinance requirements with regard to signage and screening of roof top
mechanical equipment; meets ordinance requirements with respect to the
outside trash enclosure; and meets roadway access and circulation
requirements established by the traffic study completed by the city
traffic consultants, Strgar-Roscoe-Fausch.
5. The structure proposed by the Final Site Plan will initially stand alone
with respect to appearance. The proposed medium brown base brick and
aluminum/glass exterior treatment will set a positive architectural
standard for this MPUD, and be consistent with the standards and criteria
regarding site and building aesthetics and architectural design of the
City of Plymouth.
PLANNING STAFF COMMENTS:
1. We find the proposed Final Plat/Final Site Plan to be in substantial
compliance with the approved Preliminary Plat/Plan/Conditional Use Permit
for the Tennant Corporate Center MPUD.
2. We find the final site plan to meet the applicable standards of the
Plymouth Zoning Ordinance and related planning policy.
RECOMMENDATION:
We recommend approval of the Final Plat/Final Site Plan for the Tennant
Corporate Center (Schneider USA) subject to standard and special conditions
reflected in the attached draft resolution of approval.
Submitted by:
Charles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Draft Resolution of Approval/Setting Conditions Prior to Filing of the
Final Plat
2. Engineer's Memo
3. Resolution 89-105
4. Resolution 89-106
5. Location Map
6. Approved Preliminary Plan
7. Large Plans
pc/cd/88146-1:lt
APPROVING MPUD FINAL PLAT/PLAN AND DEVELOPMENT CONTRACT FOR OPUS
CORPORATION/TENNANT CORPORATION FOR AN MPUD FINAL SITE PLAN/FINAL PLAT (88146)
MPUD 89-1)
WHEREAS, OPUS Corporation/Tennant Corporation has requested approval for Final
Plat/Plan for Tennant Corporate Center First Addition; and,
WHEREAS, the Planning Commission has reviewed said request and recommends
approval; and
WHEREAS, the City staff has prepared a Development Contract covering the
improvements related to said plat;
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final
Plat/Plan and Development Contract for OPUS Corporation/Tennant Corporation
for Tennant Corporate Center First Addition; 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.
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SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
OPUS CORPORATION/TENNANT CORPORATION MPUD FINAL SITE PLAN/FINAL PLAT (88146)
MPUD 89-1)
WHEREAS, OPUS Corporation/Tennant Corporation has requested approval for a
MPUD Final Site Plan/Final Plat located at the northwest corner of County Road
18 (Highway 169) and County Road 10 (Bass Lake Road);
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the MPUD Final
Site Plan/Final Plat for OPUS Corporation/Tennant Corporation, 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 building permit issuance.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution No. 79-80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
7. Rezoning shall be finalized with respect to Lot 1, Block 1 with the filing
of the Final Plat.
8. No Building Permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
9. No yard setbacks variances are granted or implied.
10. Private drive access shall be limited to internal public roads and
restricted from Bass Lake Road and Minnesota Highway 169:
11. Final Plat mylars shall refer to MPUD No.9-1.
12. Appropriate legal documents regarding covenants and restrictions as
approved by the City Attorney, shall be filed with the Final Plat.
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City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: April 5, 1989
FILE NO.: 88146
PETITIONER: Mr. Robert A. Worthington, A.I.C.P., Executive Director, Governmental
Affairs, Opus Corporation, 9900 Bren Road E., P. 0. Box 150, Mpls.,
Mn. 55440
FINAL PLAT: BASS LAKE CORPORATE CENTER FIRST ADDITION
LOCATION: North of County Rd. 10, west of Hwy. 169, in the north half 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: E's'timated watermain area assessment based on
28.06 acres x 52,370 per acre - S66,502,20, Sanitary sewer area
assessment based on 28.06 acres x 91,320 per acre = S37.039.20.
Th area assessments for Outlot A will be assessed with each
subsequent Final Plat.
5. Other additional assessments estimated: None.
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. A 10 foot drainage and utility
easement adjacent to Bass Lake Road and Hwv 169 shall be shown on
the Final Plat over Outlot A.
I
N/A Yes No
7. X All standard utility easements required for construction are
provided -
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been
reviewed with the final construction plans and the following
changes are necessary:
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. The existing Hennepin Countv
right-of-way north of County Rd 10 east of Nathan Ln extended.
10. X The Owner's Duplicate Certificate of Title has been submitted to
the City with this application - If it is subseouently determined
that the subject property is abstract nronerty, then this
requirement does not annly.
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
X Mn DOT Minnehaha Creek
X Hennepin County Elm Creek
X MPCA X Shingle Creek
X State Health Department X Army Corps of Engineers
Other
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
Hennepin County in their letter of March 30. 1989, did not
request turn lanes or by-pass lanes at either Nathan Ln. or
Trenton Ln.
15. _ X All existing street rights-of-way are required width -
Additional right-of-way will be required on
UTILITIES:
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be
responsible for constructing the necessary sanitary sewer, water,
storm sewer and streets needed to serve this plat. A registered
professional engineer must prepare the plans and profiles of the
proposed sanitary sewer, watermain, storm sewer facilities and
streets to serve the development. See special conditions.
3
N/A Yes No
17. _ _ X 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). See special
conditions.
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. The minimum basement elevations for buildings adjacent t0
pond SC -P19 shall be 876.9 and for buildings adjacent to SC -P21
shall be 884.0.
20. X The construction plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
21. _ X _ The construction plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4
N/A Yes No
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.
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: Shalt comply with all agency permits.
24. A. The watermain on Nathan Lane shall be extended to 40 feet beyond the driveway
into Schneider USA.
B. A gate valve shall be placed 40 feet south of the deadend watermain.
C. A temporary hydrant shall be placed on the end of the deadend watermain.
D. The 10 inch gate valve located at the tee for the loop around the building
shall be moved to the main on Nathan Lane.
E. A separate agreement with NSP will be required if the developer is to install
the street lights on Nathan Lane.
F. A plan and profile sheet is required for Trenton Lane, along with estimated
cost.
G. The proposed Trenton Lane location is at the proposed low point of this
segment of CSAR 10. The developer must coordinate the design of the storm
drainage at the proposed Trenton Lane/CSAR 10 intersection with the design of
this segment of CSAH 10. Contact Jim Ault, Hennepin Hydraulics Engineer at
935-3381.
H. The 12 inch watermain shown for the service to Schneider USA shall be changed
to a 10 inch main as shown on the Site Plan.
I. Roads shall be added to the dedication page on the Final Plat. Also, the word
ponding is misspelled, it is shown as pending.
611
r
J. All drainage and utility easements shall be dimensioned.
K. The R -Value along with the street section design for Nathan Lane and Trenton
Lane shall be submitted for review.
L. The curb and gutter shall be extended beyond the driveways to Schneider USA.
Submitted by:%
Fred G. Moore, P.E.
Director of Public Works
6
i
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: April 5, 1989
FILE NO.: 88146
PETITIONER: Mr. Robert A. Worthington, A.I.C.P. Executive Director Governmental
Affairs, Opus Corporation, 8000 Opus Center, 9900 Bren Rd. E.,
Minnetonka, Mn. 55343
SITE PLAN: SCHNEIDER USA
LOCATION: West of 169, north of County Rd. 10, in the north half of Section 1.
ASSESSMENT RECORDS:
N/A Yes No
1. _ _ X
2. _ _ X
3. _ X
4.
5.
Watermain area assessments have been levied based on proposed use.
Sanitary sewer area assessments have been levied based on proposed
use.
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:
Area assessments estimated - Watermain area assessments based on
28.06 acres x 52,370 per acre - S66,502.20. Sanitary sewer area
assessments based on 28.06 acres x S1.320 per acre - S37,039-2 -
Other additional assessments estimated: None.
LEGAL/EASEMENTS/PERMITS:
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 comRlly with the filing of a Final Plat for Bass Lake
Corporate Center First Additio
7.
N/A Yes No
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.) The 10 ft. drainage and utility easement
F11
8. _ X _ Complies with ponding requirements -
X _
10. _ _ X
11. — — X
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.
All standard utility easements required for construction are
provided -
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. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated. The existing
extended.
The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
N/A Yes No
12. _ _ X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
X Hennepin County
MPCA
State Health Department
Bassett Creek
Minnehaha Creek
Elm Creek
X Shingle Creek
X Army Corps of Engineers
Other
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: Shall
comply with Shingle Creek and other agency permits prior to anv
grading_.
14. _ X Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
15. _ X Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
16. _ X Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
17. _ X _ Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W-2. This plate should be
referenced on the site plan.
18. _ X Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals.
19. X _ _ Acceleration/deceleration lanes provided -
Acceleration/deceleration lanes are required at the intersection of
and
20. _ X All existing street right-of-ways are required width -
Additional right-of-way will be required on As shown on the Final
Plat.
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.
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. _ XX The City will require reproducible mylar prints of sanitary sewer,
water service and storm sewer As-Builts for the site prior to
occupancy permits being granted.
26. XX The site plan complies with the City of Plymouth's current
Engineering Standards Manual. See Items 1 2 6 7 10 11, 12 and
13. 27A and B.
5-
SPECIAL CONDITIONS REQUIRED:
27. A. The 10 inch gate valve west of Nathan Lane at the loop around the building
shall be moved to the main on Nathan Lane.
B. A four inch gate valve shall be placed on the domestic water service to the
building.
i
Submitted by: x
Fred G. Moore, P.E.
Director of Public Works
mom
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regularCityCounciloftheCityofPlymouth, Minnesota, was held on
thet
2-tL
dahe
Of Feb$xy19_ The following members were present:Coll
y
embers Vasiliou Ric' ZThefollowingmemberswereabsent. None
ouncilmember 4;sk ***
moved its adoption: introduced the following Resolution and
RESOLUTION 89- 105
APPROVING AMENDED MIXED USE PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR OPUSCORPORATION (88146)
WHEREAS, Opus Corporation has requested approval of an Amended Mixed UsePlannedUnitDevelopmentConceptPlanforthedevelopmentofoutlotonapproximately210acreslocatedatthenorthwestcornerofCountyRoad #18 (
one lot and one
Highway 169) and County Road 10.
WHEREAS, the City Council, by Resolution No. 81-339 approved an RPUD ConceptPlanforthissiteforTennantCorporation; and,
WHEREAS, the Planning Commission has reveiwed the request at a duly calledPublicInformationalHearingandhasrecommendedapproval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OFPLYMOUTH, MINNESOTA, that it should and hereby does approve the Amended MixedUsePlannedUnitDevelopmentConceptPlanforOpusCorporationforadevelopmenttobeknownasTennantCorporateCenterconsistingofonelotandoneoutlotonapproximately210acreslocatedatthenorthwestcornerofCountyRoad #18 (Highway 169) and County Road 10, subject to the followingconditions:
I. Compliance with the City Engineer's Memorandum.
2. Staging of the development shall be in accordance with utilityavailabilityasapprovedbytheCityEngineer.
3. The Preliminary Plat/Plan application shall address the Flood Plain andShorelandManagementOrdinancestandards.
4. "Touchdown Points" for public street access to Bass Lake Road shall belimitedtoNathanLaneandTrentonLane.
5. The rezoning of this parcel shall reflect the relationship between CL andIPlanduseasdepictedbythisplanamendment.
see next page)
Resolution No.89-105
Page Two
6. All public street right-of-way shall be dedicated.
7. The portion of the site designated "...identified for Hennepin County
Park Reserve District..." is not an element of the City Park and Trail
System Plan, and therefore not eligible as credit for park dedication
requirements. Future platting of this portion of the site may reflect
Park Reserve District acquisition of that portion of the site.
The motion for adoption of the foregoing Resolution was duly seconded
by Councilmember Zitur , and upon vote being taken thereon,
the following voted in favor thereof: Mayor Schneider_ Councilmembers
Vasiliou. Ricker, Zitur and Sisk
The following voted against or abstained_ None
Whereupon the Resolution was declared duly passed and adopted.
I
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regularCityCounciloftheCityofPlymouth, Minnesota, was held on theti2 t h
fdaye
ofofFebruary1989Thefollowingmemberswerepresent: Mayor Schneider Councilmembers Vasiliou Ricker Zitur and SiskThefollowingmemberswereabsent: None
Councilmember Sisk ***
introduced the following Resolution andmoveditsadoption:
RESOLUTION 89-106
APPROVING MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONALUSEPERMITFOROPUSCOPORATIONFORTENNANTCORPORATECENTER (88146)
WHEREAS, Opus Corporation has requested approval for a Mixed Planned UnitDevelopmentPreliminaryPlan/Plat and Conditional Use Permit for TennantCorporateCenterforonelotandoneoutlotonapproximately210grossacreslocatedatthenorthwestcornerofCountyRoad #18 (Highway 169) and CountyRoad10; and
WHEREAS, the Planning Commission has reviewed the request at a duly calledPublicHearingandrecommendsapproval;
NOW THEREFORE, BE IT HERBY RESOLVED BY THE CITY COUNCIL OF THE CITY OFPLYMOUTH, MINNESOTA, that it should and hereby does approve the Mixed PlannedUnitDevelopmentPreliminaryPlan/Plat and Conditional Use Permit for OpusCorporationfortheTennantCorporateCenterforonelotandoneoutlotlocatedatthenorthwestcornerofCountyRoad #18 (Highway 169) and CountRoad10, subject to the following: y
I. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner'sexpense.
3. No Building Permits shall be issued until a Contract has been awarded forwaterandsewer.
4. Street names shall comply with the City Street Naming System.
5. Compliance with Policy Resolution No. 79-80 regarding minimum floorelevationsfornewstructuresinsubdivisionsadjacentto, or containinganyopenstormwaterdrainagefacility.
6. No Building Permits shall be issued until the Final Plat is filed andrecordedwithHennepinCounty.
7. Park dedication requirements shall be met through payment of fees in lieuconsistentwiththeParkDedicationPolicyandfeesineffectatthetimeofBuildingPermitissuance.
see next page)
a
Resolution No. 89-106
Page Two
8. The approved Development Contract shall be fully executed prior to release
of the Final Plat for filing at Hennepin County.
9. All existing structures shall be removed at the owners expense prior toissuanceofaBuildingPermit; this includes proper disconnection and
termination of water and sewer services and on site systems.
10. Any underground storage tanks or reservoirs shall be properly removed andterminated.
The motion for adoption of the foregoing Resolution was duly secondedbyCounrilmmhranduponvotebeingtaken thereon, the following voted in favor thereof: Mayor SrbnUd?.r, Councilmembers Vasiliou, Ricker, Zitur and Sisk
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE March 10, 1989 COMMISSION MEETING DATE: March 22, 1989
FILE NO.: 89010
PETITIONER: Edward and Virginia Nordling
REQUEST: Division of platted property and Variance to Subdivision
Regulations to create a new building lot
LOCATION: 12830 11th Avenue North (Northeast quadrant of Windemere
Drive and 11th Avenue North)
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: R1 -A (Low Density Single Family Residential)
BACKGROUND:
This parcel of property was originally platted as a part of the Glen Echo Lake
Addition. The Community Development Department files contain no historical
information concerning the review and approval of that subdivision. It is
likely that the subdivision took place prior to 1968. The land lying
immediately south of the subject parcel was platted as the Glenloch 2nd
Addition in 1968. Although platted as a "conventional" subdivision, it is
apparent from the minutes of the City Council that the plat was treated in a
PUD fashion that allowed numerous lots to be below the then current Ordinance
standards for width and size. In essence, the City Council granted numerous
Variances to the Zoning Ordinance standards when they approved the Glenloch
2nd Addition.
To the north and west (across the pond from this parcel) lies the Glen Echo
Ponds subdivision. This land was platted in 1984 and is a part of MPUD 84-1.
The minimum lot size is 9,800 square feet and the average lot size is 12,150
square feet.
PRIMARY ISSUES AND ANALYSIS:
1. Proposed by the Applicant is the division of a platted lot of 26,614
square feet into two lots, one of 12,828 square feet (new) and one of
13,786 (existing structure). The subdivision action is petitioned
responsive to the City Code Section 500.37 with regard to the division of
platted lots. (Copy attached).
Staff Report (89010)
March 10, 1989
Page 2
2. Also applied for are Variances to the Subdivision Ordinance with respect
to lot area and lot width at the front setback line. The proposed lot
sizes are 12,828 square feet and 13,786 square feet where 18,500 square
feet is required for a conventional lot in the R1 -A district. Lot width
proposed at the setback lines are approximately 100 feet where the Zoning
Ordinance specifies 110 feet for parcels in the R1 -A district.
3. The subject parcel is located in a plat of lots created well before the
City of Plymouth had Ordinances that allowed flexibility in lot design.
The lot directly abutting to the west has an area of approximately 20,000
square feet; the lot directly abutting on the east an area of
approximately 20,000 square feet; and, the three lots to the south -
across 11th Avenue North - areas of 16,000 square feet, 15,000 square feet
and 13,500 square feet. Lot frontages east and west of the subject parcel
are 137 to 151 feet, and south of this parcel are 86 to 197 feet. What
results is a field situation with respect to this particular lot, together
with a handful of others in the immediate vicinity where land development
in adjacent plat has been accomplished in response to a different set of
rules, resulting in substantially smaller lots and lesser lot frontages.
4. The Petitioner has submitted a written narrative in support of his
division action and Variances which has been attached for the
consideration of the Planning Commission.
5. Field inspection of the site reveals that the home on a parcel immediately
to the west of the subject parcel is fairly well centered on that large
parcel and therefore exists at least 30 feet from the common property
line. It should be noted, however, that the RI -A side setback
requirements are 15 feet and, therefore, the parcel immediately to the
west would have a right to, at some point in the future, construct an
addition or accessory structure to within 15 feet of the common property
line. What may appear to be plentiful "open space" in terms of house
placement could change over time.
PLANNING STAFF COMMENTS:
I. The division of platted property responsive to Section 500.37 of the City
Code meets all submission requirements and, standing alone, the division
would appear to be responsive to the City Code.
2. We find that there may be some basis to the contention that the owner of a
parcel of 26,000+ square feet (such as is the case here) may be deprived
of the reasonable use of that land when it is his desire to divide that
property into parcels of a size and a design similar to others in a
portion of the adjoining neighborhood.
It should be noted, however, that those lots of similar size and design
within the neighboring Glen Echo Ponds addition were developed as a
Staff Report (89010)
March 10, 1989
Page 3
Planned Unit Development. As such, the flexibility in lot size and
frontage must have been responsive to a developer showing as to enhanced
design and/or other benefits to the City of his subdivision.
2. Staff finds that the Applicant could probably continue to preserve and
enjoy substantial property rights without the granting of these Variances.
It could also be said that his property rights will be enhanced, resulting
in greater enjoyment if the Variances are granted.
3. Staff cannot find that granting the Variances proposed will be detrimental
to the public welfare or injurious to other property in the area in which
the property is located. However, it is not apparent that the request
satisfies the other Variance criteria in Section 500.41.
RECOMMENDATION:
We recommend the Variances required for the petitioned land division be
denied. Based on the mechanics of the application, this recommendation for
denial would also extend to the division itself, in that the Ordinance cannot
be followed in dividing this property without the requested Variances. We
have attached a Resolution of denial for consideration of the Planning
Commission. We have attached a second Resolution providing for approval of
the requested action consistent with prior direction of the Planning
Commission.
Submitted by:
Cha E. Dillerud, Commu ity Development Coordinator
ATTACHMENTS:
1. Draft Resolution of Denial
2. Draft Resolution of Approval
3. Engineer's Memo
4. Petitioner's Narrative Statement
5. Location Map
6. Plot Plan
7. Section 500.41 of the City Code
8. Section 500.37 of the City Code9
9. Correspondence from Edward Nordling
10. Correspondence from William and Linda Lapp
DENYING LOT DIVISION FOR EDWARD AND VIRGINIA NORDLING FOR PROPERTY LOCATED AT
12830 11TH AVENUE NORTH WITHIN THE GLEN ECHO LAKE ADDITION (89010)
WHEREAS, Edward and Virginia Nordling have requested a division of Lot 13,
Block 2, Glen Echo Lake for the purpose of constructing a new single family
residence; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends denial;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does deny a division of Lot 13,
Block 2, Glen Echo Lake, based on the following reasons:
1. There are no special circumstances or conditions affecting this property
such that the strict application of the provisions of Section 500.21 would
deprive the Applicants of reasonable use of this land.
2. The Variance is not necessary for the preservation and enjoyment of a
substantial property right of the Applicants.
pc/cd/89010:jaw)
APPROVING LOT DIVISION FOR EDWARD AND VIRGINIA NORDLING FOR PROPERTY LOCATED
AT 12830 11TH AVENUE NORTH WITHIN THE GLEN- ECHO LAKE ADDITION (89010)
WHEREAS, Edward and Virginia Nordling have requested a division of Lot 13,
Block 2, Glen Echo Lake, for the purpose of constructing a new single family
residence; 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 a division
resulting in parcels described as follows:
PARCEL A
That part of Lot 13, Block 2, GLEN ECHO LAKE, according to the recorded
plat thereof, Hennepin County, Minnesota which lies southwesterly of the
following described line: Commencing at the northwest corner of said Lot
13; thence on an assumed bearing of North 63 degrees 52 minutes 00
seconds East along the northwesterly line of said Lot 13 a distance of
24.50 feet to the point of beginning of the line to be described; thence
South 28 degrees 31 minutes 44 seconds East a distance of 176.82 feet to
an intersection with the southeasterly line of said Lot 13 and said line
there terminating.
PARCEL B
That part of Lot 13, Block 2, GLEN ECHO LAKE, according to the recorded
plat thereof, Hennepin County, Minnesota which lies northeasterly of the
following described line: Commencing at the northwest corner of said Lot
13; thence on an assumed bearing of North 63 degrees 52 minutes 00
seconds East along the northwesterly line of said Lot 13 a distance of
24.50 feet to the point of beginning of the line to be described; thence
South 28 degrees 31 minutes 44 seconds East a distance of 176.82 feet to
an intersection with the southeasterly line of said Lot 13 and said line
there terminating.
FURTHER, that the City Manager be authorized to make the necessary special
assessment corrections based upon City Policy when the division is approved by
Hennepin County.
pc/cd/89010:jaw)
SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION FOR
EDWARD AND VIRGINIA NORDLING (89010)
WHEREAS, the City Council has approved a Lot Division for Edward and Virginia
Nordling for property located at 12830 11th Avenue North, in Glen Echo Lake
under Resolution No. 89- ;
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 filing of and regarding said Lot Division:
I. Compliance with the City Engineer's Memorandum.
2. No yard setback Variances are granted or implied.
3. Compliance with Policy Resolution No. 79-80 regarding minimum floor
elevations for new structures on sites adjacent to, or containing open
storm water drainage facilities.
4. No Building Permit to be issued on Parcel A until the Lot Division is
filed with Hennepin County.
5. Submittal of all necessary utility easements prior to filing the Lot
Division with Hennepin County.
6. Variances are approved from Section 500.21 of the City Code to allow lot
width of 100 feet where 110 feet would otherwise be required and lot sizes
of 12,828 square feet (Parcel A) and 13,786 square feet (Parcel B) where
18,500 square feet is otherwise required. The Variances are based on
findings consistent with Section 500.41 of the City Code regarding special
circumstances depriving the Applicants of. reasonable land use;
preservation of property rights of the Applicants; and the Variances not
being detrimental to the public welfare or injurious to other property.
pc/cd/89010:jaw)
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: March 16, 1989
FILE NO.: 89010
PETITIONER: Edward Nordling - 12830 11th Avenue North, Plymouth, MN 55441
LOT DIVISION/CONSOLIDATION:LOT 13, BLOCK 2, GLEN ECHO LAKE ADDITION INTO TWO PARCELS
LOCATION: 12830 11TH AVENUE NORTH - P.I.N. 34-118-22-11-0016
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. Additional assessments estimated: The westerly parcel will have
additional sanitary sewer area charges amounting to $440 and
additional watermain area charges amounting to $790.
5. _ _ -)L 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.)
6. _ _ 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 imposes will
be required to an elevation of 931.0 for Pond BC -P25.
N/A Yes No
7. _ _ X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots: The westerly parcel shall have a minimum basement elevation of
933.0.
8. X All standard utility easements required for construction
The following easements will be required for construction of
utilities. The existing sanitary + sewer to the easterlyaarcel
crosses the westerly parcel n easement will be required from the
westerly parcel to the easterly parcel for this service.
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 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.
10. 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.
11. _ X All existing street rights-of-way are required width -
Additional right-of-way will be required on
12. A. The developer shall be responsible for installation of the new sanitary sewer
and water service for the westerly lot. The developer shall also be
responsible for the restoration of 11th Avenue to City specifications.
Submitted by:
Fred G. Moore, P.E.
Director of Public Works
2
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: March 16, 1989
FILE NO.: 89010
PETITIONER: Edward Nordling - 12830 11th Avenue North, Plymouth, MN 55441
LOT DIVISION/CONSOLIDATION:LOT 13, BLOCK 2, GLEN ECHO LAKE ADDITION INTO TWO PARCELS
LOCATION: 12830 11TH AVENUE NORTH - P.I.N. 34-118-22-11-0016
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. 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. Additional assessments estimated: The westerlyparcel will have
additional sanitary sewer area charg= amounting to $440 and
additional watermain area charges amounting to S790.
5. _ _ --I- 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.)
6. _ _ 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 draina¢e easement for ponding purposes will
be required to an elevation of 931.0 for Pond BC -P25.
N/A Yes No
7. _ _ X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots: The westerly parcel shall have a minimum basement elevation of
933.0•
8. X All standard utility easements required for construction
The following easements will be required for construction of
utilities. The existin; sanitary sewer to the easterly parcel
crosses the westerly parcel. An easement will he required from the
westerly parcel to the easterly parcel for this service.
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 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.
10. 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.
11. X _ All existing street rights-of-way are required width -
Additional right-of-way will be required on
12. A. The developer shall be responsible for installation of the new sanitary sewer
and water service for the westerly lot. The developer shall also be
responsible for the restoration of 11th Avenue to City specifications.
Submitted by:
Fred G. Moore, P.E.
Director of Public Works
2
Aside from the fact that sub-dividing and selling a portion of
our property would give us the opportunity for financial gain,
some other reasons for our request for a variance are as follows:
Other properties across the street and less than a block from
ours are approximately the same size as our proposed lot.
As our children were growing up, the portion of our property
involved was a wonderful playground for them. They are all
grown now, so we no longer need this land for that purpose.
There is a lot of upkeep involved in maintaining this land.
It is costly and very time consuming. We would like to get
away from both the time involved and the expense.
There is a great demand for property of this kind in Plymouth,
and not much left in the area on which to build. A nicely
designed house on the land would be an attractive addition to
the neighborhood and increase the value of adjoining properties.
Tax revenue from the property would also benefit the city of
Plymouth.
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Plymouth City Codi. 500.39
500.39. Sea Level Elevations Required. All surveys submitted in connection with
applications for waivers of the provisions of Minnesota Statutes, Section 462.358,
Subdivision 4, or for division or consolidation of lots or tracts as provided in
Section 500.37 shall show thereon sea level elevations at 50 foot intervals.
500.41. Variances. Subdivision 1. General Conditions. The Planning Commission
may recommend a variance from the provisions of this Section as to specific
properties when, in its judgment, an unusual hardship on the land exists. In
granting a variance, the Commission may prescribe conditions that it deems
necessary or desirable in the public interest. In making its findings, as required
below, the Commission shall consider the nature of the proposed use of the land
and the existing use of land in the vicinity, the number of persons to reside or
work in the proposed subdivision, and the probable effect of the proposed
subdivision upon traffic conditions in the vicinity. No variance shall be granted
unless the Commission finds:
a) That there are special circumstances or conditions affecting the
specific property such that the strict application of the provisions
of this Section would deprive the applicant of the reasonable use
of the land.
b) That the variance is necessary for the preservation and enjoyment of
a substantial property right of the applicant.
c) That the granting of the variance will not be detrimental to the public
welfare or injurious to other property in the territory in which the
property is situated.
The Commission findings in granting or denying a variance shall be in writing and
filed with the City Clerk.
Subd. 2. Application Required. Applications for arjy variance under this
Subsection shall be submitted in writing by the owner or subdivider at the time
the preliminary plat is filed for consideration by the Planning Commission, and
shall state all facts relied upon by the applicant, and shall be supplemented with
maps, plans or other additional data which may aid the Commission in the analysis
of the proposed project. The plans for such development shall include such
covenants, restrictions or other legal provisions necessary to guarantee the
full achievement of the plan for the proposed project.
500.43. Compliance; Waivers; Building Permits. Subdivision 1. Conveyance of Land.
Any person who conveys land by metes and bounds or by reference to an unapproved
plat or registered land survey in violation of the provisions of Minnesota Statutes,
Section 462.358, Subdivision 4, is subject to the penalty provisions of that
Section.
Subd. 2. Waiver of Compliance. In any case where compliance with the
provisions of Minnesota Statutes, Section 462.358, Subdivision 4 will create an
unnecessary hardship and failure to comply will not interfere with the purpose
of this Section, the City Council may by resolution waive compliance with this
Subsection, provided, however, that the proposed conveyance has been reviewed
by the Planning Commission and the Commission has found that it complies
with all provisions of this Section.
Plymouth City Codt 500.35
Subd. 3. Subdivider May Perform Work; Election. The owner or subdivider may
elect to construct the improvements required by this Subsection at his own expense
and without City participation in the expense thereof. In such event, the owner
or subdivider may retain an engineer and contractor to plan, design and install
such services, subject to review and inspection by the City Engineer. The
estimated cost of the improvements, including the administrative charges of the
City Engineer for supervision and inspection, shall be included in the owner or
subdivider's contract with the City, pursuant to Subsection 500.35, and the
appropriate security in the form of cash or bond shall be deposited with the City
as required by that Subsection.
500.35. Subdivision Contract. In order to effectuate the provisions of
500.25 to 00.31, the owner or subdivider shall enter into a subdivision contract
with the City providing for the installation of the improvements required by those
Subsections. The subdivision contract shall provide for, among other things,
security to the City in the form of a surety bond, or cash in lieu thereof, in
such amount as the City Engineer shall deem to be adequate to insure the
satisfactory completion of the improvements. The subdivision contract shall be
satisfactory in form and substance to the City Attorney.
500.37. Division or Consolidation of Platted Lots. Subdivision 1. General Rule.
The division and consolidation of lots which are part of a recorded plat and
tracts which are part of a recorded Registered Land Survey is subject to the provi-
sions of this Subsection.
Subd. 2. Filing; Survey. The owner of lots, or tracts, to be so divided
or consolidated shall file an application for such division or consolidation with
the Building Inspector, together with a proposed survey plat or registered land
survey of the lots or tracts to be divided or consolidated, showing the dimensions
of the lots or tracts as measured upon the recorded plat or survey, and the
proposed division or consolidation thereof. A written description of the
separately described lots or tracts resulting from the proposed division or
consolidation shall be filed with such plat or survey. The plat or survey shall
also show the location of all buildings then existing and all proposed structures
to be built upon the lots or tracts to be divided or consolidated.
Subd. 3. Inspection; Fee. Upon receipt by the Building Inspector of the
application required by Subdivision 2, and upon the payment by the applicant of
the fee set by Chapter X, the Building Inspector shall make a physical inspection
of the lot or lots proposed to be divided or consolidated.
Subd. 4. Council Action. Following the inspection of the lot or lots to
be divided or consolidated, the Building Inspector shall cause the application to
be placed upon the agenda of the City Council for the next regular meeting of the
Council following such inspection. The Building Inspector shall transmit to the
City Council the application and all materials related thereto with his
recommendation with respect to the application.
Subd. 5. Building Permits. No building permit shall be issued for the
construction of a structure on lots or tracts divided or consolidated contrary
to the provisions of this Subsection.
Correspondence Received from Edward Nordling
April 6, 1989
VARIANCES
a) When we built our home 20 years ago, we bought this oversized lot with the idea
that some day we would be able to sub -divide and sell the proposed portion.
We have been a part of this community for 20 years, raised our family here, and
paid taxes. We are not just a developer trying to make a quick buck, but res-
ponsible members of the community who plan to stay.
There are only a few lots in the immediate vicinity larger than the proposed lots,
all of the others in Glen Echo 2nd Addition and Glen Echo Ponds Sub -division are
the same size or substantially smaller. Therefore this lot would not alter the
character of the neighborhood.
A commercial development exists within a couple of blocks.
b) As the property is now, we have extra expense in upkeep and taxes. Sub -dividing
will allow us retirement dollars we have always counted on. We bought the property
as an investment for the future.
Glen Echo 2nd Addition and Glen Echo Ponds Sub -division were given variances for
smaller lot sizes, therefore we should be given the same rights.
c) 1. There are no water problems
2. There are no wetland problems
3. There are no access problems
4. It is a standard building envelope
5. Because of the existing character of the neighborhood, the house would not be
out of step with the existing values.
6. Utilities are in the street and easily accessible
7. We do not intend to move, and therefore have a vested interest in maintaining
the values, character and safety of the neighborhood
William and
12840 - 11th
Plymouth,
Mr. Richard G. Plufka
4095 Terraceview Lane
Plymouth, MN 55447
Mr. Dennis Zylla
3125 Holly Lane North
Plymouth, MN 55447
Mr. Harold Pierce
5930 Kirkwood Lane North
Plymouth, MN 55442
Ms. Joycelyn Tierney
17915 - 20th Avenue North
Plymouth, MN 55447
Linda Lapp
Avenue North
MN 55441
April 5, 1989
Mr. Michael Stulberg
6010 Troy Lane
Plymouth, MN 55446
Mr. John Wire
4130 Quaker Lane
Plymouth, MN 55441
Mr. Larry Marofsky
2835 Medicine Ridge Road
Plymouth, MN 55447
RE: Edward Nordling and Virginia Nordling Request for
Division of Platted Property and Variances to Create a
Building Lot ("Petitioners")
Dear Sirs and Madam:
We, William and Linda Lapp, purchased a 21,638 square foot
lot in Glen Echo Lake Addition on July 14, 1972, approximately
seventeen (17) years ago. The lot was purchased from Harold
Hytjan and Amelia Hytjan, the same persons from whom the
Petitioners had purchased their lot. In the fall of 1982 and the
spring of 1983 we architecturally designed and constructed a
2,600 square foot home.
At the time of the purchase of the lot in 1972 and currently
to date, the residential zoning of the property was and is R1 -A,
low density single family residential. The lot sizes under R1 -A
zoning are a minimum of 18,500 square feet.
When we purchased our single family lot, we relied upon the
fact that the property we purchased was part of a subdivision
that complied with the zoning of the City of Plymouth. We
further were cognizant of the lot sizes and specifically
purchased our lot in this residential area knowing that the lot
City of Plymouth
April 5, 1989
Page 2
sizes were large and the houses were not crowded together. We
never dreamed the Petitioners would ever think about subdividing
their property into two lots as both we and the Petitioners enjoy
the open spaces between our houses as well as the pond to the
North.
Our architect specifically sited and centered our home on
the lot to take advantage of the size of both lots and the open
spaces.
The Petitioners are seeking two variances; one being a
reduction in lot size from 18,500 square feet to 12,838 square
feet, and secondly, proposed front setback line of 100 feet from
110 feet. Nothing has changed since we purchased our lot to
demonstrate that the zoning is currently inappropriate nor should
the City Planning Commission nor the City change the current lot
size and requirements for R1 -A zoning as we and others in the
subdivision have relied upon this density and each purchased lots
and built under the current zoning. The City has adopted the
particular lot size and zoning for R1 -A as well as certain
minimum lot widths at the front setback line and all we are
asking is that the City abide by its own requirements.
In recognition that the City should only grant a variance
from the zoning when a hardship exists and there are special
circumstances, the City of Plymouth Ordinance 500.41 requires 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.
The staff of the City of Plymouth specifically found
that the Petitioners have not met this criteria.
The Petitioners seem to believe that the criteria for
Code 500.41(a) can be met by simply having the
Petitioners show that they will have an economic gain
from such variance and further subdivision. Economic
hardship is not the criteria and should not be a factor
for granting the variance. The Petitioners have the
same full use and enjoyment of their land as when they
originally purchased it.
City of Plymouth
April 5, 1989
Page 3
If the Petitioners wanted two lots, as they now seek to
accomplish by a variance, then at the time the
Petitioners purchased the property they should have
sought to subdivide it at that time before the other
lots were purchased, or alternatively purchased two
lots.
Furthermore, the Petitioners purchase preceded our
purchase and certainly the Petitioners had the same
opportunity to purchase our lot had they so desired to
purchase two lots.
Further, hardship or special circumstances must be
caused by the particular physical surroundings, shape
or topography of the land and not solely for economic
gain. Moreover, the fact that smaller lot sizes exist
across from the subdivision in the adjoining
neighborhood is only because a Planned Unit Development
design was implemented at that time and is not relevant
here.
b) That the variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
Again, the staff of the City of Plymouth found that
this criteria was not met by the Petitioners.
The conditions and reasons set forth and requested by
the Petitioners for the variance (i.e., financial gain,
inconvenience and an additional lot), are NOT UNIQUE
and generally applicable to all property owners in
Plymouth.
c) That the granting of the variance will not be detrimental to
the public welfare or injurious to other property in the
territory in which the property is situated.
The staff of the City of Plymouth did not find that the
granting of the variance in the area to be detrimental
to the public welfare or injurious to the other
property in the area in which the property is located.
We take exception to such finding. The proposed subdivision
of the existing lot would create two lots consisting of 12,828
square feet and 13,786 square feet in a R1 -A zone where lot
City of Plymouth
April 5, 1989
Page 4
requirements are 18,500 square feet. This would be at the
expense of us and result in the taking of additional open space
and creating lots 40% less in size than our lot. When we
purchased the property, we relied upon the low density and the
particular lot sizes.
We and our neighbors will be injured by the granting of the
variance, all for the mere fact that the Petitioners would like
to create a financial gain at the expense of their neighbors and
for the inconvenience of having to maintain the property they
have maintained for all these years.
In addition, the City of Plymouth has numerous lots and does
not need an additional building lot especially where those lots
have been platted for over twenty (20) years.
It is respectfully requested that the Planning Commission
unanimously deny the variances and if possible, further
strengthen the resolutions of the denial by further expanding the
resolutions setting forth additional reasons why such denial is
appropriate.
We strongly believe that the legal requirements for a
variance do not exist in this case. There are no special
circumstances which justify changing the rules which the City has
prescribed for the benefits of the entire area we live in.
We respectfully submit this for your consideration. We plan
to be at the City Planning Commission Meeting to further answer
any questions the Commissioners may have in this regard.
Very truly yours,
William S. Lapp
Linda Lapp"
WSL/dar
CARDARELLE & ASSOCIATES, INC.
P. O. BOX 24021 • 941.3030 C
CERTIFICATE OF SURVEY
LAND SURVEYORS:
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE March 24, 1989 COMMISSION MEETING DATE: March 30, 1989
FILE NO.: 88124
PETITIONER: Hillsborough Manor, Inc.
REQUEST: RPUD Final Site Plan/Final Plat for Boulder Ridge (Phase
III of Harrison Hills)
LOCATION: Southeast corner of County Road 10 and Zachary Lane
GUIDE PLAN CLASS: LA -2 (Low Density Multiple Residence)
ZONING:
BACKGROUND:
RPUD 80-2
In August, 1979 the City Council approved an RPUD Concept Plan for "Harrison
Hills" which included this parcel as part of an 82.9 acre site.
This approved Concept Plan was later revised by the City Council under
Resolution No. 80-143.
In June, 1980 the City Council approved an RPUD Preliminary Plan/Plat and
Conditional Use Permit for Harrison Hills, including this land. The total
unit count for the entire RPUD was 252.
In 1983, by Resolution No. 83-293 a revised RPUD Preliminary Plan/Plat was
approved with this portion of the RPUD approved to include 104 condominium
units and 7 multiple family buildings.
In August, 1983 the City Council approved a Final Plat for Harrison Hills
Second Addition. That plat included 70 single family residential lots with
the current site platted as an outlot.
On November 7, 1988 the City Council, by Resolution No. 88-782, approved an
amended RPUD Preliminary Plat/Plan and Conditional Use Permit to reduce the
unit count on this site to 53 single family attached townhouses.
PRIMARY ISSUES AND ANALYSIS:
1. The Final Site Plan presented is for 53 single family attached townhouses
on this site of 12.8 net acres. The unit count and overall design
proposed is responsive to the approved amended RPUD Preliminary Plat/Plan
and Conditional Use Permit for the parcel.
Staff Report (88124)
March 24, 1989
Page Two
2. The conditions of Resolution No. 88-782, which approves the RPUD
Preliminary Plat/Plan and Conditional Use Permit, that would apply to this
portion of the RPUD plan are either responded to, or are to be carried
forward into the Resolution Setting Conditions Prior to Filing of the
Final Plat, or the Development Contract.
3. The plan in all other respects meets the standards of the Zoning Ordinance
and is not influenced or modified by the RPUD Preliminary Plat/Plan and
Conditional Use Permit. Specifically, the Landscape Plan is consistent
with the Landscape Ordinance of the City of Plymouth; no external lighting
is proposed other than decorative; trash will be handled internally within
the structures; and all private/public site improvements respond to the
standards established by the City of Plymouth.
PLANNING STAFF COMMENTS:
1. We find the proposed Final Plat is responsive to the approved Preliminary
Plat/Plan and Conditional Use Permit with respect to general layout and
dwelling unit count. Conditions related to this portion of the approved
Preliminary Plan are responded to, or will be carried forward in the
Resolution Setting Conditions Prior to Filing of the Final
Plat/Development Contract.
RECOMMENDATION:
We hereby recommend approval of the draft Resolutions Approving the RPUD Final
Plan/Plat, and Setting Conditions Prior to Filing of the Final Plat. We have
carried forward those conditions of the Preliminary Plat/Plan approval that
are appropriate.
Submitted by:
Charles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
I. Draft Resolution Approving RPUD Final Plan/Plat
2. Draft Resolution Setting Conditions to be Met Prior to Filing
3. Engineer's Memo
4. Location Map
5. City Council Resolution No. 88-782
6. Preliminary Plan
7. Large Plans
pc/cd/88124:jaw)
APPROVING RPUD FINAL PLAT/SITE PLAN AND DEVELOPMENT CONTRACT FOR HILLSBOROUGH
MANOR, INC. FOR BOULDER RIDGE (RPUD 80-2)(88124)
WHEREAS, Hillsborough Manor, Inc. has requested approval for an RPUD Final
Plat/Site Plan for Boulder Ridge, a plat for 16 lots and one outlot located in
the southeast quadrant of County Road 10 and Zachary Lane; and,
WHEREAS, the Planning Commission has reviewed said request and recommends
approval; and
WHEREAS, the City staff has prepared a Development Contract covering the
improvements related to said plat;
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the RPUD Final
Plat/Site Plan and Development Contract for Hillsborough Manor, Inc. for
Boulder Ridge located at the southeast quadrant of County Road 10 and Zachary
Lane; and,
FURTHER, that the Development Contract for said plat be approved, and that the
Mayor and City Manager be authorized to execute the Development Contract on
behalf of the City.
pc/cd/88124:jaw)
SETTING CONDITIONS TO BE MET PRIOR TO FILING RPUD FINAL PLAT/SITE PLAN FOR
HILLSBOROUGH MANOR, INC. FOR BOULDER RIDGE (RPUD 80-2)(88124)
WHEREAS, the City Council has approved an RPUD Final Plat/Site Plan for
Boulder Ridge as requested by Hillsborough Manor, 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 following
conditions to be met prior to filing of and regarding said RPUD Final
Plat/Site Plan for Boulder Ridge:
1. Compliance with the City Engineer's Memorandum.
2. No Building Permit to be issued until municipal sewer and water are
physically available to the sites.
3. Removal of all dead or dying trees from the property at the owner's
expense.
4. Compliance with Policy Resolution No. 79-80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
open storm water drainage facilities.
5. Yard setbacks are approved per the RPUD Plan, specifically 50 feet to
Zachary Lane and County Road 10; 10 feet sideyard and 20 feet rearyard;
with no private individual ownership of land iwthin 25 feet of the public
right-of-way.
6. Submittal of required utility and drainage easements as approved by the
City Engineer prior to filing the Final Plat.
7. No Building Permits to be issued until the Final Plat is filed and
recorded with Hennepin County.
8. The Final Plat mylars shall contain a statement noting that the plat is
part of the approved RPUD 80-2 per Section 9 of the Zoning Ordinance.
9. Appropriate legal documents regarding Homeowner Association covenants and
restrictions as approved by the City Attorney, shall be filed with the
Final Plat.
10. Staging of development shall be in accordance with utility availability as
approved by the City Engineer. Those areas which cannot be serviced with
utilities at this time shall be platted as outlots in the Final Plat.
11. Submission of required financial guarantee and Site Performance
Agreement for completion of site improvements.
12. Public sanitary sewer shall be extended to replace the temporary lift
station as a function of the initial Final Plan for this stage.
13. A private trail shall be constructed along the edge of the wetland area,
per the location generally reflected on the approved Concept Plan. All
private trails shall be 5 feet wide and asphalt, built to City Trail
Design Standards.
SETTING CONDITIONS - Cont.
Page Two
14. All trail and private open space grading, landscape, equipment and
facility construction shall be completed, and approved by the City,
prior to Occupancy Permit issuance for residences adjoining trails or
private open space.
15. A sign with a map showing all approved lots and public and private open
space, trails, and amenities shall be displayed at all entrances to the
subdivision so all prospective buyers know their location.
pc/cd/88124.1:jaw)
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: March 27, 1989
FILE NO.: 88124
PETITIONER: Mr. Hewett Peterson, Hillsboro Manor Inc., 4900 N. County Rd. 18,
Apt. 102, Minneapolis, Mn. 55428
FINAL PLAT: BOULDER RIDGE ADDITION
LOCATION: East of Zachary Lane, south of County Rd. 10, northeast one quarter
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• Waterman area assessment based on 15 units x
5790 per unit = 511,850 Sanitary sewer area assessment based on
15 units x 5440 per unit = S6.600.
5. Other additional assessments estimated: None.
6. _ X — Complies with standard utility/drainage easements -
The City will require utility and drainage easements ten feet
101) in width adjoining all streets and six feet (6') in width
adjoining side and rear lot lines.
N/A Yes No
7. X All standard utility easements required for construction are
provided -
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been
reviewed with the final construction plans and the following
changes are necessary: Easements for the sanitary sewer over
Outlots A & C Harrison Hills 2nd Addition and Parcel 1-118-22-34-
0001 shall be provided in recordable form.
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. The develORer Rroposes
filling a Rortion of Pond SCP 20 This will require DNR Shingle
Creek Army Corps of Engineers and City approval. The 100 Year
Elevation for Pond SCP -20 is
9. X All existing unnecessary easements and rights-of-way have been
vacated -
It will be necessary to vacate the obsolete easements/right-of-way
to facilitate the development. This is not an automatic process
in conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions
of easements proposed to be vacated. The developer proposes to
vacate the existing easement for pondinguurrposes over Lots 1. 2.
4 5 6 7 9 Block 1 A petition to vacate this easement along
with the legal descriptions shall be submitted.
10. XX The Owner's Duplicate Certificate of Title has been submitted to
the City with this application - If it is subsequently determined
that the subiect 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
X DNR
Mn DOT
X Hennepin
X MPCA
permits must be obtained by the developer:
Bassett Creek
Minnehaha Creek
County
X State Health Department
2
Elm Creek
X Shingle Creek
X Army Corps of
Other
Engineers
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 56th Avenue and Zachary Lane
15. _ X All existing street rights-of-way are required width -
Additional right-of-way will be required on
UTILITIES:
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be
responsible for constructing the necessary sanitary sewer, water,
storm sewer and streets needed to serve this plat. A registered
professional engineer must prepare the plans and profiles of the
proposed sanitary sewer, watermain, storm sewer facilities and
streets to serve the development. See Item 24A.
3
0
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). See ?tem 24A.
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. Lots 1 thru 10 Block 1 shall have a minimum basement
elevation of 905-0- Lots 14 and 15 shall have minimum basesment
elevations of 907.0_
20, _ X The construction plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
21. _ X _ The construction plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4
N/A Yes No
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.
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. This plat shall be responsible to construct the control structure for Pond SC -
P20. Plans and specifications shall be approved by the City Engineer.
B. The final plat shall not be recorded until the developer has under contract
and has provided the City a financial guarantee for the sanitary sewer
necessary to serve this plat including elemination of the lift station in
Harrison Hills 2nd Addition. Also the necessary easements must be provided.
C. Fire flow calculations have been checked and found to meet the requirements of
the Fire Department for the sprinkler systems. The calculations for the
hydrant flows shall be submitted for review.
D. The median shall not be allowed on 56th Avenue.
E. If the existing driveway into the lift station is to be removed, it shall be
removed by the developer.
F. All sanitary sewer and water services shall be maintained from the main line
by the Homeowners Association. This shall be noted on the construction plans.
G. All valves for the watermain services shall be located at the 10 ft. drainage
and utility easement adjacent to the street.
H. The cul-de-sac paving is 41 £t to back of curb.
Submitted by:
5 Fred G. Moore, P. E.
Director of Public Works
P,
i i
i
co"417- 90*d Iv
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a rag„lar meeting of the
City Council of the City of Plymouth, Minnesota, was held on the Zth day
Of Nnvember 19-zB-- The following members were present:
Maynr Srbneiricer- Counri1m mbPrs Vng;iiiou. Ricker. Zitur and Sisk
The following members were absent: None
Cm mrilmember Sisk introduced the following Resolution and
moved its adoption:
RESOLUTION 88- 782
APPROVING REVISED RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT
AND CONDITIONAL USE PERMIT AMENDMENT FOR "BOULDER RIDGE” (RPUD 80-2)(88124)
WHEREAS, Hillsborough Manor, Inc. has requested approval for a Revised
Residential Planned Unit Development Preliminary Plan/ Plat and Conditional
Use Permit Amendment for Phase III of the Harrison Hills (RPUD 80-02), to be
known as Boulder Ridge, to change the type of housing to single family
attached townhouses with the number of units to be 53, located in the
Southeast Quadrant of Zachary Lane and County Road 10; and,
WHEREAS, The City Council approved the RPUD Preliminary Plan and Plat through
Resolution No. 83-293; 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 HillsboroughManor, Inc. for a Revised Residential Planned Unit Development Preliminary
Plan/Plat and Conditional Use Permit Amendment for Boulder Ridge (RPUD 80-2)
located in the Southeast Quadrant of Zachary Lane and County Road 10 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 municipal sewer and water are
physically available to the sites.
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.
0
Resolution No. 88-782
6. Compliance with Policy Resolution No. 79-80 regarding minimum floor
elevations for new structures in subdivisions adjacent to or containing
any open storm water drainage facility.
7. Rezoning shall be finalized with filing of the Final Plat.
8. No Building Permits shall be issued until the final Plat is filed and
recorded with Hennepin County.
9. Yard setbacks are approved per the RPUD Plan, specifically 50 feet to
Zachary Lane and County Road 10; 10 feet sideyard and 20 feet rearyard;
with no private individual ownership of land within 25 feet of the public
right-of-way.
10. Appropriate legal documents regarding Homeowner Association covenants and
restrictions as approved by the City Attorney, shall be filed with the
Final Plat.
11. Detailed construction drawings of proposed private recreation area, to
include facilities for children, as well as the trail system, with the
Final Plat application.
12. Staging of development shall be in accordance with utility availability as
approved by the City Engineer. Those areas which cannot be serviced with
utilities at this time shall be platted as outlots in the Final Plat.
13. Submission of required Site Improvements Performance Agreement and
financial guarantees for completion of site improvements.
14. Any signage shall be in compliance with the Ordinance and final detailed
plans shall be submitted with the Final Plan/Plat application.
15. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
16. All streets serving platted single family attached dwellings in the
development shall be public.
17. Public sanitary sewer shall be extended to replace the temporary lift
station as a function of the initial final plan for this stage.
18. A private trail shall be constructed along the edge of the wetland area,
per the location generally reflected on the approved concept plan. All
private trails shall be 5 feet wide and asphalt, built to City Trail
Design Standards.
19. All trail and private open space grading, landscape, equipment and
facility construction shall be completed, and approved by the City, prior
to Occupancy Permit issuance for residences adjoining trails or private
open space.
20. A sign with a map showing all approved lots and public and private open
space, trails, and amenities shall be displayed at all entrances to the
subdivision so all prospective buyers know their location.
Resolution No. 88-782
21. Slopes and trees along the Bass Creek Conservation area are not to be
disturbed by construction except where necessary to install sewer and
water, and that necessity is to be reviewed and approved by the City
Engineer.
22. The Final Plat resolution setting conditions and the Development Contract
shall contain provisions of the tree preservation process including the
penalty of $50.00 per caliper inch and a $15,000.00 performance guarantee.
23. Staff is directed to allow issuance of a building permit for one model
home on one of the lots numbered 1 through 5, to be used for a model only,
pending completion of utilities and amenities.
The motion for adoption of the foregoing Resolution was duly seconded
by Councilmember Vasiliou , and upon vote being taken thereon,
the following voted in favor thereof: Mayor Schneiders Counrilmt-mbers Vasiliou,
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
88124/res/jw
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