HomeMy WebLinkAboutPlanning Commission Packet 04-26-1989CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE April 17, 1989 COMMISSION MEETING DATE: April 26, 1989
FILE NO.: 87069
PETITIONER: Richard Neslund
REQUEST: Site Plan, Conditional Use Permit, and Final Plat for
Multi -Family Structures
LOCATION: North of Tenth Avenue North and one block east of South
Shore Drive
GUIDE PLAN CLASS: LA -3 (High Medium Density Residential) and I -P (Planned
Industrial)
ZONING: R-3 (Medium Density Multiple Residence) and I-1 (Planned
Industrial)
BACKGROUND:
The City Council, on August 24, 1987, adopted Resolution 87-543, approving a
Preliminary Plat and General Development Plan for this site. The Preliminary
Plat depicted one 27 -acre site for multi -family residential housing and one
16 -acre industrial site. A condition of that preliminary plat approval was
that a Site Plan, Conditional Use Permit, and Final Plat Application would not
be accepted until a contract for the extension of Tenth Avenue and related
improvements was awarded. That contract has been awarded.
A Notice of this Public Hearing has been published in the Official City
Newspaper, and all property owners within 500 feet have been notified.
PRIMARY ISSUES AND ANALYSIS:
1. Applicant proposes to final plat the entire parcel of approximately 43
acres. Twenty-seven acres would be a single lot upon which 168 units of
rental townhouse dwellings would be constructed. The balance of the site
would be an outlot now zoned I-1 (Planned Industrial). Less than one acre
of this outlot (in the extreme southeast corner) is outside of a
designated wetland. Slightly more than one acre of it is outside of
drainage easements that already exist. A very small portion of the
outlot, therefore, is eligible for any future development, but not until a
replatting could take place of the outlot.
File No. 87069
Page Two
April 17, 1989
Also proposed is a Conditional Use Permit and Site Plan to construct 168
rental townhouse units in 15 buildings. The proposed Site Plan and
Conditional Use Permit is consistent with the General Development Plan
that was approved for this site in 1987.
2. The Physical Constraints Analysis shows the property to be located within
the Bassett Creek drainage district. The site is not within the shoreland
management district, but does contain substantial wetlands. This site
does contain some major woodlands, but no severe slopes. As it naturally
appeared, the site had substantial areas of poor soils. Grading work
accomplished since approval of the preliminary plat - responsive to
approved City of Plymouth grading permit - has corrected the poor soils
situation over that portion of the site upon which the townhouse
structures and related roadways are to be constructed.
3. The Final Plat submitted is consistent with the approved Preliminary Plat
for the site and meets the Subdivision Ordinance technical standards for a
final plat.
4. The Site Plan submitted meets or exceeds the specifications contained in
the Zoning Ordinance for development of R-3 property. Specifically, the
structures and parking meet all specified setback standards; adequate off-
street parking is provided; trash containment will be within the
individual structures; no roof top mechanical equipment is proposed; and
the landscape plan meets specifications of the Plymouth Landscape Policy.
5. The Applicant has indicated the exterior surfaces of the proposed
structures will be of aluminum siding in muted pastel colors with brick
trim. The project will not be of a single color throughout - at least two
colors and possibly more will be used.
6. Review of the Conditional Use Permit Application is responsive to the
provisions of Section 9, Subdivision A, of the Zoning Ordinance. The
Planning Commission is directed to consider conformance of the application
with six standards specified in the Ordinance. A copy of those six
standards is attached. By the letter of Paul Pearson, dated February 20,
1989, the Applicant has provided his basis for conformance of the Site
Plan with the six criteria of the Zoning Ordinance with respect to
Conditional Use Permits. We have attached a copy of Mr. Pearson's letter
for consideration of the Planning Commission.
PLANNING STAFF COMMENTS:
1. The Final Plat proposed is consistent with the previously approved
preliminary plat, and meets all requirements of the Subdivision Ordinance.
2. The Site Plan proposed is consistent with the previously approved General
Development Plan, and meets all requirements of the Zoning Ordinance, and
related City of Plymouth policy with respect to architectural design,
landscaping, and physical constraints.
File No. 87069
Page Three
April 17, 1989
3. The Conditional Use Permit to construct attached housing in the R-3 Zone
meets the six criteria of the Zoning Ordinance related to Conditional Use
Permits.
RECOMMENDATION:
We hereby recommend approval of the Final Plat, Site Plan, and Conditional Use
Permit as petitioned. The attached draft resolution provides for requested
approvals, subject to standard conditions.
Submitted by:
ATTACHMENTS:
Charles E. Dillerud, Community Development Coordinator
1. Resolution Approving Final Plat
2. Resolution Setting Conditions Prior to Filing of the Final Plat
3. Resolution Approving the Site Plan and Conditional Use Permit
4. Engineer's Memo
5. Location Map
6. Resolution No. 87-543
7. Approved General Development Plan
8. Large Plans
staffreport: pc/cd/87069)
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR RICHARD NESLUND FOR TRENTON
OAKS (87069)
WHEREAS, Richard Neslund has requested approval for a Final Plat for Trenton
Oaks located north of Tenth Avenue North and one block east of South Shore
Drive; and,
WHEREAS, the Planning Commission has reviewed said request and recommends
approval; and
WHEREAS, the City staff has prepared a Development Contract covering the
improvements related to said plat;
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and
Development Contract for Richard Neslund for Trenton Oaks located north of
Tenth Avenue North and one block east of South Shore 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
RICHARD NESLUND FOR TRENTON OAKS LOCATED NORTH OF TENTH AVENUE NORTH AND ONE
BLOCK EAST OF SOUTH SHORE DRIVE (87069))
WHEREAS, Richard Neslund has requested a Final Plat for Trenton Oaks located
north of Tenth Avenue North and one block east of South Shore Drive; and,
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. 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.
4. No yard setback variances are granted or implied.
5. Submittal of required utility and drainage easements as approved by the
City Engineer prior to filing the Final Plat.
6. No Building Permits to be issued until the Final Plat is filed and recorded
with Hennepin County.
7. The Development Contract as approved by the City Council shall be fully
executed prior to release of the Final Plat.
APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR RICHARD NESLUND (87069)
WHEREAS, Richard Neslund has requested approval of a Site Plan and Conditional
Use Permit for a 168 unit rental townhouse project on a 27 acre site to be
located North of 10th Avenue North and one block east of South Shore Drive;
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 Richard
Neslund for a Site Plan and Conditional Use Permit for a 168 unit rental
townhouse project on a 27 acre site located at 10th Avenue North one block
east of South Shore 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 Ordinance and the approved
Sign Plan.
6. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
7. All waste and waste containers shall be stored within the structures, and
no outside storage is permitted.
8. 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.
9. No Building Permit to be issued until the Final Plat is filed and recorded
with Hennepin.
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: April 20, 1989
FILE NO.: 87069
PETITIONER: Mr. Richard Neslund, 742 Twelve Oaks Center, 15500 Wayzata Blvd.,
Wayzata, Mn. 55391
SITE PLAN: TRENTON OAKS FIFTEEN MULTI -FAMILY BUILDINGS
LOCATION: East of South Shore Drive, north of Tenth Avenue in the northwest one
quarter of Section 36.
ASSESSMENT RECORDS:
N/A Yes No
I. 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:
Area assessments estimated - Watermain area assessments based on
4• Sanitary sewer area
168 units x 5790 per unit 5132 720 Sani--
assessments (residential) based on 168 units minus 54 units
previously assessed = 114 units x 440 ner unit =
5. Other additional assessments estimated: Pendine assessment for
Tenth Avenue Project 648 = 5142.137.50.
Erer/Fe4EMRNTS/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 the filing of the plat of Trenton Oaks.
N/A Yes No
7. _ _ X Complies with standard utility/drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (10') in width adjoining all streets and six feet (6') in
width adjoining side and rear lot lines. (If easements are required
it is necessary for the owner to submit separate easement documents
executed and in 'recordable form prior to the issuance of any
building permits.) See Item 6.
B. _ _ X Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100
year high water elevation and conformance with the City's
comprehensive storm water requirements. See Item 6.
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.
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
N/A Yes No
12. x All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
Hennepin County
X MPCA
State Health Department
Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
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:
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. A dry standpipe system is to be used as annroved by the
Fire Dept
1XZ
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
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. In addition to the B6-12 concrete curb
detail a double line symbolshall be placed on the site elan showing
where all the curb and gutter are to be placed.
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 special conditions for Items 1.
2. 6 7 8. 9. 12. 22.
5-
Submitted by:Za'w
Fred G. Moore, P.E.
Director of Public Works
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: April 20, 1989
FILE NO.: 87069
PETITIONER: Mr. Richard Neslund, 742 Twelve Oaks Center, 15500 Wayzata Blvd.,
Wayzata, Mn. 55391
FINAL PLAT: TRENTON OAKS
LOCATION: East of South Shore Drive, north of Tenth Avenue in the northwest
quarter of Section 36.
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
I and No--2-
Area
o.2.
Area charges are subject to change periodically as they are
reviewed annually on January 1. The rate assessed would be that
in effect at the time of final plat approval.
4. Area assessments: Watermain area assessments based on 168 units x
S790 a unit = S132,72 Sanitary sewer area assessment based on
168 units minus 54 units_ previously assessad = 5114 units _x 5440 a
knit = S50.160. Area assessments for Outlot A will be levied when
the outlot is replatie .
5. Other additional assessments estimated: Pending assessments for
Tenth Avenue Project 648 egu is 5142.137.50.
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:
8. _ X Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100
year high water elevation and conformance with the City's
comprehensive storm water drainage plan.
9. X All existing unnecessary easements and rights-of-way have been
vacated -
It will be necessary to vacate the obsolete easements/right-of-way
to facilitate the development. This is not an automatic process
in conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions
of easements proposed to be vacated.
10. X The Owner's Duplicate Certificate of Title has been submitted to
the City with this application - If it is subsequently determined
that the subject uroperty is abstract property, then this
requirement does not apply.
It will be necessary for the property owner to provide the city
attorney with the Owner's Duplicate Certificate of Title in order
that he may file the
11. _ X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR Bassett Creek
Mn DOT Minnehaha Creek
Hennepin County Elm Creek
X MPCA Shingle Creek
State Health Department Army Corps of Engineers
Other
2
N/A Yes No
12. _ X
13. _ X
14. X — _
15. _ X
UTILITIES:
16. _ 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.
Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be
adopted Thoroughfare Guide Plan.
now under construction.
made to conform with the City's
City Project 648 Tenth Avenue is
Acceleration/deceleration lanes provided -
Acceleration/deceleration lanes are required at the intersection
of
and
All existing street rights-of-way are required width -
Additional right-of-way will be required on
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.
9
N/A Yes No
0
17. _ X Final utility plans submitted comply with all City requirements -
The developer has submitted the required construction plans for
the proposed sanitary sewer, watermain and storm sewer facilities;
and has also furnished profiles of these utilities as well as the
proposed street system (public and private).
18. _ x Per developer's request final plans will be prepared by the City.
If it is their desire to have the City construct these facilities
as part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1
of the year preceding construction, if the developer is paying
100% of the cost. The develoRer Reririoned the City to construct
Tenth Avenue Project 648 The - oiect is now under construction.
19. _ _ x Minimum basement elevations -
Minimum basement elevations must be established for the following
lots. tots 1 and 2 shall have a minimum basement elevation of
891.0•
20. 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 connectins shall be via wet tan.
23. _ .X Complies with Storm Drainage Plan -
24. A.
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:
Submitted by:
Fred G. Moore, P.E.
Director of Public Works
5
W-7
note
L 6 i
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a special meeting of the City Council of the
City of Plymouth, Minnesota, was held on the 24th day -of August , 19 87. The
following members were present: Mayor Schneider, Councilmembers Vasiliou,_Zitur,
To1low1mg- members were absent: None
are err aaa
Sisk introduced the following Resolution and moved lis
a opt on:
RESOLUTION NO. 87-543
APPROVING PRELIMINARY PLAT FOR RICHARD NF.SLUND FOR "TRENTON OAKS" (87069)
WHEREAS, Richard Neslund has requested approval for a Preliminary Plat for "Trenton,
Oaks" for one lot for multi -family residential housing; and, one lot for an Industrial
building on propertylocated north of 10th Avenue North and one block east of South
Shore Drive; and,
WHEREAS, the Planning Commission has reviewed the request at d duly called Public Hear-
ing and recommends approval;
NOW, THEREFORE, HE 1T HEREBY RESOLVED BY (HE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the Preliminary Plat for "Trenton Oaks"
for Richard Neslund for two lots. One lot Includes multi -family residential housing,
the second lot for an Industrial building on property located north of 10th Avenue.
North, east of South Shore Drive, 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. The Site Plan, Conditional Use Permit, and Final Plat appllcatlons will not be
accepted until the Contract for the extension of 10th Avenue and related
Improvements is awarded.
4. Payment of park dedication fees -in -lieu of dedication In accordance with the
Dedication Policy In effect at the time of Issuance of the Initial Ruildlnq
Permit In each District.
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. Eligibility for Building Permits will be contingent upon approval of Conditional
Use Permits and Site Plan; and, upon verification that the Final Plat has been
filed and recorded with Hennepin County.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the o ow nq
vote n favor thereof: Ma or Schneider Councilmemhers Vasiliou, Zitur, Crain
and Sisk heo ow nq
voted against or a sta ne hereupon the
Resolution was declared duly passed and adopted.
Al
nay. j , _ .
4
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McCombs Frank Roos Associates, Inc.
Twin Cities S Clow 15050 23rd Ave. N. Telephone Engineers
Plymouth. MN 612/476-6010 Planners
55447 Surveyors
February 20, 1989
Mr. Blair Tremere
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
SUBJECT: Richard Neslund's Property
Trenton Oaks
General
MFRA #7284
Dear Mr. Tremere:
In regard to the subject project, the following is being submitted as a
part of the Conditional Use Permit application. The requested Conditional Use
Permit is for attached housing in an R-3 zone. The proposed project conforms
with the following conditional use concerns:
1. Housing density and building type (12 unit maximum) is in compliance
with the Comprehensive Plan. The project complies with all other
Comprehensive Plan elements such as Thoroughfare, Storm Water
Drainage, Sanitary Sewer, Water Distribution, Park and Trail, and Land
Use.
2. Because the project is consistent with the Comprehensive Plan, the
establishment, and maintenance or operation of the Conditional Use
will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals or
comfort.
3. The project is consistent with the Comprehensive Plan and there is no
other evidence the conditional use will not be injurious to the use
and enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor will it substantially diminish and
impair property values within the neighborhood.
4. All surrounding property is either developed, owned by this developer
or is being developed. Therefore, the establishment of the
conditional use will not impede the normal and orderly development and
improvement of surrounding property.
An Equal Opportunity Employer
Mr. Blair Tremere
February 20, 1989
Page Two
5. The transportation concerns relative to this development were
addressed by the City in a traffic study. The recommendations of that
study have been implemented. Consequently, adequate measures have
been taken to provide ingress, egress and parking so as to minimize
congestion on the public street.
6. The conditional use conforms to the applicable regulations of the
district in which it is located.
If you have any questions or need additional information, please contact
US.
Very truly yours,
Mc'COMBS FRANK ROOS ASSOCIATES, INC.
Paul Pearson, P.E.
PP:jmj
cc: Ray Carlson, Centurion Company
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE April 17, 1989 COMMISSION MEETING DATE: April 26, 1989
FILE NO.: 88132
PETITIONER: John Gullickson
REQUEST: Preliminary Plat and Rezoning from FRD to R -1A
LOCATION: Southwest Corner of Dunkirk Lane and County Road 24
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
No prior development applications have been filed relating to this parcel of
property. The City Council recently approved the final plat of Plymouth
Meadows for a parcel of property immediately to the west.
Notice of this Public Hearing has been published in the Official City
Newspaper, and all property owners within 500 feet have been notified. A
development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The Applicant proposes the division of an 8.5 acre parcel into 13 single
family detached conventional building lots. Concurrently, the Applicant
proposes a rezoning of the subject parcel from the existing FRD to a
proposed R -1A.
2. The Plymouth Physical Constraints Analysis finds this site to be within
the Gleason Lake drainage district; to contain no storm water drainage
facilities; to contain no floodplain or shoreland overlay districts; to
contain a small designated wetland, but no wetland of a DNR Protected
category; to contain no woodlands of significance; no slopes of over 12%;
and to have soils suitable for urban development with public sewers,
except in a small portion of the northeast quadrant of the site.
3. Section 500 of the City Code (the Subdivision Ordinance) provides
standards and specifications by which the Planning Commission is to base a
File No. 88132
Page Two
April 17, 1989
review of a proposed plat. The proposed plat is of a design that
affirmatively responds to the standards and specifications required by the
ordinance. Specifically, lot sizes all are in excess of 18,500 square
feet; lot width at the setback line is in excess of 110 feet and lot depth
is in excess of 120 feet.
The total subdivision design is responsive to subdivision standards and
related elements of the Comprehensive Plan. Specifically, the location,
geometrics, and sizing of proposed Medina Road are consistent with the
Thoroughfare Guide Plan. Access to New Medina Road is limited to a single
common point for Lots 7 and 8. No other access opportunities appear
feasible for those two lots.
The Park and Trails System Plan depicts the requirement for a hike -and -
bike Class 1 trail running parallel to County Road 24. The plat proposes
a 30 -foot wide trail easement south of the expanded County Road 24 right-
of-way to accommodate the trail system in this area. This is consistent
with the trail dedication of the Plymouth Meadows plat to the west.
4. This site does not exhibit extensive site features of natural environment
requiring measures of mitigation consistent with Section 500.15, Paragraph
5, of the City Code. A small wooded area exists in the extreme southeast
corner of the site; a small (man-made) pond exists in the rear yard of
proposed Lot 3, Block 1; and the previously noted small wetland area
exists adjacent to Dunkirk Lane in the extreme northeast corner of the
site. Review of the grading plan reveals that the wetland area will
become a part of a storm water drainage pond, thereby changing the
character of the wetland, but retaining the area as wetland. The grading
plan also reveals that the pond in proposed Lot 3, Block 1, and the wooded
area of proposed Lots 8 and 9, Block 1, are not required to be altered as
a function of mass grading.
5. We have noted the petitioner's proposed plat assumes the guiding of thesitetobeLA -1. As such, the proposed rezoning from FRD to R -1A is
consistent with the Land Use Guide Plan and the Urban Development PolicyoftheCity, in that municipal sewer and water are available to the site.
Staff has advised the Applicant that there is rational basis for land use
guiding of CL (Limited Business) and the resulting B-1 (Office Limited
Business) zoning for that area of the plat that lies north of Medina Road.
The Land Use Guide Plan Map does not clearly reflect Medina Road alignment
of the Thoroughfare Guide Plan Map in considering the classification of
land in this immediate vicinity. A good case could be made for Medina
Road serving as the transition between CL guiding to the north and single
family guiding to the south, thus avoiding a "split" neighborhood that has
CL land on the north and a minor arterial on the south.
The Applicant has been made aware of the foregoing consideration and has
chosen to continue with his plan to plat the area north of Medina Road as
single family detached, per LA -1 guiding and R -IA zoning.
File No. 88132
Page Three
April 17, 1989
PLANNING STAFF COMMENTS:
1. The preliminary plat, as proposed, meets the dimensional criteria of the
Subdivision Ordinance and the Zoning Ordinance for subdivision design in
the R -1A zone.
2. The rezoning from FRD to R -1A is responsive to the Land Use Guide Plan and
the City of Plymouth Policy on Urban Development because of the
availability of municipal water and sewer services.
3. The proposed plat, to the degree feasible, reflects a design responsive to
the few physical constraints and natural site features appearing on this
parcel of property.
4. We find the proposed single family zoning and guiding north of Medina Road
reasonable even though Medina Road could provide a "built in transition"
to CL (limited business) guiding that now exists to the north.
RECOMMENDATION:
We hereby recommend approval of the preliminary plat and rezoning as reflected
in the attached draft Resolution of Approval, including standard conditions.
Submitted by:. 00 A tz ..
Charles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Draft Rezoning Ordinance
2. Draft Resolution Approving the Preliminary Plat
3. Engineer's Memo
4. Section 500.15 of the City Code
5. Location Map
6. Large Plans
staffreport: pc/cd/88132)
CITY OF PLYMOUTH
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS OF JOHN
GULLICKSON LOCATED AT THE SOUTHWEST CORNER OF DUNKIRK LANE AND COUNTY ROAD 24
Section 1. Amendment of Ordinance. Ordinance No. 80-9 of the City of
Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by
changing the classification on the City of Plymouth Zoning Map from FRD to R -
1A with respect to the hereinafter described property:
Section 2. General Development Plan. This Ordinance authorizes the
development of said tracts only in accordance with the Plan approved for the
File No. 88132
Section 3. Effective Date. This Ordinance shall take effect upon filing
the Final Plat with Hennepin County and upon its passage and publication.
Adopted by the City Council day of
Mayor
ATTEST
City Clerk
File 88132
APPROVING PRELIMINARY PLAT FOR JOHN GULLICKSON FOR SEVEN PONDS NORTH (88132)
WHEREAS, John Gullickson has requested approval for a Preliminary Plat for
Seven Ponds North, a plat for 13 single family residential lots on 8.5 acres
located south and west of the intersection of County Road #24 and Dunkirk
Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it hereby does approve the Preliminary Plat for John
Gullickson for Seven Ponds North for 13 single family residential lots located
south and west of the intersection of County Road #24 and Dunkirk Lane,
subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No Building Permits shall be issued until a Contract has been awarded for
sewer and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of filing the Final Plat.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution No. 79-80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
7. No Building Permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
8. Incorporation of tree protection provisions in the Final Plat and
Development Contract approval.
prelim/plat)
DATE:
FILE NO.:
PETITIONER:
PRELIMINARY PLAT:
LOCATION:
N/A Yes No
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
April 19, 1989
88132
Mr. John Gullickson, P. 0. Box 164, Hamel, Mn. 55340
SEVEN PONDS NORTH
West of Dunkirk Lane, south of County Rd. 24, in the northwest
quarter of Section 20
1. Watermain area assessments have been levied based on proposed use.
2. x Sanitary sewer area assessments have been levied based on proposed
use.
3. x SAC and REC charges will be payable at the time building permits are
issued. These are in addition to the assessments shown in No 1 and
No.
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of final plat approval.
4. Area assessments: Water area assessments based on A-5 acres x $1.580
An acre = $13,430.
5. Other additional assessments estimated: Non -
6. _ _ X Complies with standard utility/drainage easements -
The City will require utility and drainage easements ten feet (10')
in width adjoining all streets and six feet (6') in width adjoining
side and rear lot lines.
N/A Yes No
7. — X
8. —. — 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.
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 ponding num rnTos_e§
shall be prove ed on the Finsal Plat for the pond within Lot 4 Block 2
to the 100 Year Flood Elevation to be established by the developer's
engin r.
g, _ _ 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. A,portion of Dunkirk Lane north of
the proposed Dunkirk Lane cul-de-sac may be vacated when M Bina Road
is extended from Dunkirk Lane to County Rd. 24.
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. For the
Ximuired trail easement adjacent to County Rd_ 24.
11. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MnDOT
X Hennepin County
X MPCA
X State Health Department
2
Bassett Creek
X Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
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 As shown on the
Preliminary Plat.
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. Sea special provisions.
3
N/A Yes No
17. X Preliminary utility plans submitted comply with all City requirements
The developer has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm sewer facilities. v&&
snec al provisions.
18. X Per developer's request a preliminary report and plan will be
prepared by the City -
If it is their desire to have the City construct these facilities as
part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1,
of the year preceding construction. The developer shall be
EAQUsihle for construct 4no Medina Road and wi11 be r
the coat with the exce' c the onnretP r,tr111 and Q„trer and one
half the cosy foa 36 foot wide 7 ton street adjacent to Lot 7 and _8.
and xlnrk 1 which
W1:toAd or theriyeaccessoe >
developermay petition the City to construct road.
19. _ ._ X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots. Lot 4 Block 2 shall be 2 fePt above the 100 Yea
F.Iev.gtion to be established by the developer's eneinee
20. _ X The preliminary plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required: The City will be
con tructing the 20 inch w ;thin Medina Road under Proiect
995
21. _ X The preliminary plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4
PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL:
N/A Yes No
22. X It will be necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right-of-way. All water connections shall be via
23. _ _ X Complies with Storm Drainage Plan
The grading, drainage and erosion control plan has been submitted to
the City's Consulting Engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan. All
of their recommendations shall be incorporated in a revised plan.
The grading and drainage plan shall also indicate proposed methods of
erosion control, including the placement of silt fence in strategic
locations. Additionally, the following revisions will be necessary:
Shall comply with all agency permits.
24. A. The 20 inch watermain to be constructed under Project 906 within Medina Road
will be constructed five feet south of the north right-of-way line. The
preliminary utility plan shall be revised accordingly.
B. A 12 inch watermain on County Rd. 24, adjacent to Lots 3 and 4 Block 2 shall be
shown in the Preliminary Plat with a note to be constructed by others.
C. The 6 inch watermain extending to the east between Lots 3 and 4 Block 1 shall
be extended to the north side of Medina Rd. so that the City can connect to it
with a 20 inch watermain is constructed.
D. The 6 inch watermain shown between Lots 1 and 2 Block 2 shall be constructed
within the right-of-way of Dunkirk Lane cul-de-sac.
E. Access for Lot 9 Block 1 shall be to Dunkirk Lane and shall be as close to the
south property line as possible.
F. No access is permitted to Co. Rd. 24 and Medina Road, except Lots 7 and 8 Block
1 shall have one joint driveway to Medina Rd.
Submitted by:
Fred G. Moore, P.E.
Director of Public Works
5
Plymouth City Code
500.13
e) Private restrictions and trusteeships and their duration; should such
restrictions and trusteeships be of such length as to make the lettering
of same of the plat impracticable, and thus necessitate the preparation
of a separate instrument, reference to such instrument shall be made on
the plat and the book and page number referring to the instrument shall
be added to the plat after the restrictions or trusteeship have been
recorded.
f) The form for approval of County authorities as required.
500.13 Supplementary Documents and Information; Subdivisions. A complete set of
subdivision development plans shall be filed with the City and shall conform to
City requirements. A complete set of "as built" construction drawings for any
improvements constructed in the subdivision shall be furnished to the City when the
construction is complete and finally approved by the City.
500.15 Subdivisions; Design Standards; General Requirements. Subdivision 1.
Streets and Public Lands. The Planning Commission in its review of a preliminary
plat will take into consideration the requirements of the city and the best use of
the land being subdivided. Particular attention will be given to the arrangement,
location and widths of streets, the general drainage Aituation, lot sizes and
arrangement, as well as Comprehensive Plan requirem,e such as, but not limited
to, parks, school sites, boulevards and highway s.1
Subd. 2. Adjoining Land. The preliminary lat must cover all of the owner's
continguous land, but the final plat may cover only a portion of the reliminary
plat, provided it is in conformance wi an approve pre iminary plat and of er
requirements herein.
Subd. 3. Large Tracts. Where the parcel is subdivided into larger tracts
than for building lots, such parcels shall be divided so as to allow for the
opening of major streets and the ultimate extension of adjacent minor streets.
Subd. 4. Unplatted Strips. Subdivisions showing unplatted strips or private
easements controlling access to public ways shall not receive approval. am
ow
Subd. 5. Conservation and Preservation of Natural Environment. All
developers are required to retain and maintain the features of the natural
environment as much as possible by such measures as the preservation of desirable
trees, shrubs, land forms, wetlands, and ponding areas. The Planning Commission
shall pay particular attention to proposed measures to preserve or to mitigate the
impacts upon natural features and to the compliance, where applicable, with the
requirements of the Zoning Ordinance Special Protection Districts. The Commission
shall consider the degree to which a maximum reasonable effort has been
demonstrated to preserve and conserve the natural features, including mitigation
measures, and the degree to which minimum adverse impact upon the natural
environment will be realized as the result of the proposed development. (Ord.
87-17) _
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE April 17, 1989 COMMISSION MEETING DATE: April 26, 1989
FILE NO.: 89005
PETITIONER: Lundgren Bros. Construction, Inc.
REQUEST: Preliminary Plat with Dimensional Variances for Single
Family Detached Development
LOCATION: South of Existing Brockton Lane and North of Mooney Lake
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: R -1A (Low Density Single Family Residential)
BACKGROUND:
No prior developmental actions have been petitioned regarding this site. The
last development approvals in the area took place in the mid to late 1970's
with the development of the Greentree West Subdivision, immediately to the
north, and the Imperial Hills Subdivision, immediately to the east.
Notice of this Public Hearing has been published in the Official City
Newspaper and all property owners within 100 feet have been notified, together
with the Cities of Medina and Orono. (No rezoning action is required.)
The City of Medina has responded with no objection to the proposal. As of
April 17, 1989, no response has come from the City of Orono.
Also, a number of area residents who appeared at a recent City Council Town
Meeting inquiring about this proposal were sent notices of the Commission's
Hearing.
A development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. Proposed is the division of a 35 gross acre parcel (24 acres net above the
100 -year high-water mark) into 39 single family conventional building
lots. One of the lots would contain the existing Reiser homestead, with
the outbuildings of the homestead scattered over three lots. The
File No. 89005
Page Two
April 17, 1989
Petitioner has also requested variances from the subdivision standards to
permit a cul-de-sac slightly under 600 feet in length where the
Subdivision Ordinance specifies a 500 foot maximum for cul-de-sac length;
a variance from the 6horeland Overlay District standards of the Zoning
Ordinance (Section 6, Subdivision B) to allow construction of a portion of
Brockton Lane to within 40 feet of the ordinary high-water mark (50 feet
required); and variances of the 110 foot lot width at the front setback
line on Lot 20, Block 4; and Lots 6, 7, and 8, Block 4. Proposed lot
widths at the front minimum building setback line are as follows:
Lot 6 - 95 feet
Lot 7 - 25 feet (gooseneck)
Lot 8 - 65 feet (gooseneck)
Lot 20 - 35 feet (gooseneck)
The 110 foot width standard is both for R -1A Zoning and Shoreland Overlay,
and a variance is required in each case.
2. With respect to the Physical Constraints Analysis of the City of Plymouth,
the site is located within the Mooney Lake drainage district; contains
storm water drainage holding capacity and floodplain area; contains
wetlands of both DNR protected and federal significance; is within the
City of Plymouth Shoreland Overlay of Mooney Lake; contains a small amount
of significant woodlands in the southeast corner; contains a limited
amount of slopes of over 12%; and contains soils generally suitable for
development with public sewers. Some areas of unsuitable soils extend
within the drainage corridors that are contained on the site. Soil
corrections will be required before homes are built in these areas.
3. Except as noted in #1 above, the proposed lots are of the dimensional
characteristics with respect to area, width at the front setback line, and
depth, consistent with the specifications of the R1 -A zoning district. In
addition, the lots that directly front the Mooney Lake are of greater than
20,000 square feet at the DNR ordinary high-water mark, and greater than
15,000 square feet over the balance of the plat.
4. The grading plan proposes cut and fill over a significant area of the
subdivision. The most significant areas involve the creation of a storm
water holding pond just off the south end of Zircon Lane; and the
excavation of a portion of the wetland area of Mooney Lake fronting Lots 8
through 20 of proposed Block 4. The storm water holding pond is proposed
to assure that runoff from this site to Mooney Lake will be no greater
with this subdivision than it is currently. Also, much of the storm sewer
servicing this proposed plat will discharge directly into this storm water
holding pond and from there be discharged to Mooney Lake, only after
settlement of much of the suspended solids that would otherwise be carried
to the lake. The pond would have standing water of approximately four
feet in depth during normal periods. The surface level of the water
during normal periods would appear to be proposed approximately nine feet
below the elevation of the park to the north.
File No. 89005
Page Three
April 17, 1989
The proposed site grading involving the shoreland of Mooney Lake, because
of the existence of wetlands in this area, should be reviewed by the
Planning Commission responsive to Section 500.15, Subdivision 5, of the
City Code concerning impacts upon the natural features of the site. The
Applicant's proposal is to extend the open water portion of Mooney Lake
north and westerly adjacent to Lots 8 through 16 of Block 4, and to deepen
the existing open water area adjacent to Lots 17 through 20, Block 4 to
approximately four feet, based on the 1988 level of the water in Mooney
Lake. What was once a part of the open water section of Mooney Lake
adjacent to proposed Lots 8 through 16 is now more of an upland wetland
area. At the present Mooney Lake water level, no open water exists in
this area at all. The Applicant's proposal would generally remove areas
of an upland wetland and reintroduce an open water environment.
5. The Applicant has filed a Permit Application with the Minnesota Department
of Natural Resources to accomplish the Mooney Lake wetland alteration
described in 4 above. Whether this alteration of natural site features
constitutes a problem with respect to the wildlife and fisheries impact is
best addressed by the agency suited to review such matters - the DNR. We
understand that even if the DNR decides to issue a permit for the
alteration of the Mooney Lake wetland, an Environmental Assessment
Worksheet will be required, because this alteration amounts to more than
one acre of a DNR Protected Wetland. No EAW would otherwise be required.
6. The Plymouth Park and Trails System Plan provides for a north -south trail
corridor from the existing Greentree Park to the shores of Mooney Lake,
approximately in the vicinity of proposed Lot 20, Block 4. In addition,
an east -west trail corridor is depicted running from the Imperial Hills
Subdivision to this same point on Mooney Lake. The Director of Park and
Recreation has recommended that all of Lot 20, Block 4, be dedicated to
the City, along with the trail outlot depicted on the plat, to provide
consistency with the Park and Trails System Plan.
The Applicant concurs in the dedication of the trail outlot (together with
another trail outlot extendin from the end of existing Zircon Lane to the
plat's Zircon Lane cul-de-sac, but does not concur with the entirety of
Lot 20, Block 4, being dedicated as well. The Park and Recreation
Advisory Commission has studied this matter as well, and has adopted a
recommendation that the entire park dedication requirement be in land
related to this trail corridor and lake overlook concept. Both the Park
Director and the ParkSand Recreation Advisory Committee are recommending
that all of Lot 20, Block 4, become park land rather than a building lot.
The City would be required to purchase that portion of the trail outlots
that exceeds the park dedication requirement for this plat.
PLANNING STAFF COMMENTS:
1. The Applicant, in his letter dated February 17, 1989, addresses the basis
File No. 89005
Page Four
April 17, 1989
for the dimensional variances that are proposed. We concur in the
Applicant's contention that the variances arise due to the special
circumstances that relate to the unusual shape of this parcel, dictated by
the irregular shoreline of Mooney Lake. We find that a hardship does
exist on this basis and that a variance in each case is necessary to
preserve property rights with respect to this parcel similar to those
enjoyed by other parcels in the community, and that the granting of the
variances will not be detrimental to the general public welfare or
injurious to other property in the territory within which this property is
located.
2. With the exception of the variances noted above, we find the preliminary
plat generally responds to the dimensional and design specifications of
the Plymouth Zoning Ordinance and Section 500 of the Plymouth City Code
with respect to subdivisions.
3. We note that the preliminary plat implies the outbuildings related to the
Reiser homestead to be scattered among Lots 6, 7, and 8, Block 4, as
proposed. Removal of the outbuildings from Lots 7 and 8 shall be a
requirement precedent to the final platting of Lots 7 and 8.
4. Based on the grading plan submitted, and additional detail we have
reviewed from the DNR Permit Application provided to us, we find the
alterations to the Mooney Lake wetland as proposed are generally
consistent with the broad need to preserve desirable land forms, wetlands,
and ponding areas. We hasten to add that we do not make this finding with
any reference to the wildlife and fisheries considerations that are better
addressed by other review agencies. We concede that the character of this
wetland will change as a result of the proposed grading plan, but we
cannot find that the City, as a whole, will be adversely impacted from
those changes. There will be no net loss of wetland, only a change of
wetland character.
5. The recommendations of the Director of Parks and Recreation and the Parks
and Recreation Advisory Commission are attached for consideration with
respect to the utilization of proposed Lot 20, Block 4.
RECOMMENDATION:
We hereby recommend approval of the proposed preliminary plat, together with
the requested variances to the subdivision dimensional standards. The
Conditions of the draft approval resolution relate to Department of Natural
Resources/Corps of Engineer permits and possible Environmental Assessment
Worksheet, together with the recommendations of the Director of Parks and
Recreation and the Parks and Recreation Advisory Commission with respect to
utilization of Lot 20, Block 4.
File No. 89005
Page Five
April 17, 1989
Submitted by:
Charles E. DilleruA7 Community Development Coordinator
ATTACHMENTS:
1. Resolution Approving Preliminary Plat
2. Engineer's Memo
3. Location Map
4. Applicant's letter of February 17, 1989
5. City of Medina letter of March 8, 1989
6. Parks and Recreation Advisory Commission Minutes of April 13, 1989
7. Park and Recreation Director's memorandum
8. Imperial Hills Homeowners' Association letter to the City Council
of March 23, 1989
9. Large Plans
staffreport: pc/cd/89005)
APPROVING PRELIMINARY PLAT AND VARIANCE FOR LUNDGREN BROTHERS CONSTRUCTION,
INC. FOR REISER PROPERTY (89005)
WHEREAS, Lundgren Brothers Construction, Inc. has requested approval for a
Preliminary Plat and Variances for the Reiser Property, a plat for 39 single
family residential lots on 24 acres (net) located south and east of the end of
Brockton Lane and west of the end of 25th Avenue North; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it hereby does approve the Preliminary Plat and
Variances for Lundgren Brothers Construction, Inc. for the Reiser Property for
39 single family residential lots on 24 acres (net) located south and east of
the end of Brockton Lane and west of the end of 25th Avenue North, subject to
the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No Building Permits shall be issued until a Contract has been awarded for
sewer and water.
4. Park Dedication shall be consistent with the recommendation of the Park
Recreation Advisory Commission to include "Outlot A", "Outlot B", "Outlot
C", and Lot 20, Block 4 with compensation to be paid for that amount of
land that exceeds park dedication requirements for the plat.
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. No Building Permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
8. Approval includes Variances from the Subdivision Design Standards as
follow:
a. Lot width at the setback line for Lot 6 (95 feet), Lot 7 (25 feet),
Lot 8 (65 feet) and Lot 20 (35 feet), Block 4 instead of the R -1A
and Shoreland Overlay Standard of 110 feet.
b. The paved surface of the Brockton Lane cul-de-sac within 40 feet of
the DNR Ordinary High Water Mark instead of the Shoreland Overlay
District Standard of 50 feet.
C. Cul-de-sac length of 600 feet on Brockton Lane instead of the
Subdivision Ordinance Standard of 500 feet.
Page Two
Resolution 89005
9. Incorporation of tree protection provisions in the Final Plat and
Development Contract approval.
10. The developer shall complete any required Environmental Reviews prior to
approval of the Final Plat.
11. Approval shall be subject to receipt of State and Federal permits, as
required.
12. All existing structures on Lots 7 and 8, Block 4 shall be removed as a
condition of Final Plat approval for those lots.
DATE:
FILE NO.:
PETITIONER:
PRELIMINARY PLAT:
LOCATION:
ASSESSMENT RECORDS;
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
April 19, 1989
89005
Mr. Michael Pflaum, Lundgren Bros. Construction, Inc., 935 E.
Wayzata Blvd., Wayzata, Mn. 55391
REISER PROPERTY
West of Walnut Grove Lane, east of Brockton Lane, south of 26th
Avenue North in the northwest one quarter of Section 30.
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed
use.
3. X SAC and REC charges will be payable at the time building permits are
issued. Theme 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: WAtarmain area assessment based on 28.33 -Acres--X
1.580 per acre - 544,761.40.
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.
N/A Yes No
7. X All standard utility easements required for construction are provided
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been reviewed
with the final plat and final construction plans.
g, — _ X Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100 year
high water elevation and conformance with the City's comprehensive
storm water drainage plan. Drainage eaCpsments for ponding purposes
shall be provided to an elevation of 990 0 for pond M- 2 Mooney Lake
and to the 100 Year Elevation to be established by the developer's
g g;neer over Lots 1-2 3- 4- 5 6 7 Block 2.
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. For the drainave easement running
from the-nroposed plat line to the south plat line. the develop=
shall submit a petition reduesting the vacation along with the legal
description.
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. For the
red Outlots to he dedicated
11. _ X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
X DNR
MnDOT
Hennepin County
X MPCA
X State Health Department
N
Bassett Creek
X Minnehaha Creek
Elm Creek
Shingle Creek
X 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 Brock on Lane at the
northwest__ corner of the PrOPOsed Plats The developer shall be
resnonsibin for acquiring the street easement from the adjacent
Droperty owner.
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. Cee apacial conditions.
3
N/A Yes No
17. _ X Preliminary utility plans submitted comply with all City requirements
The developer has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm sewer facilities. 9&e
a1 conditions.
lg. 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. All lots adiacent to Mooney Lake shall have minimum basement
elevations of 992.0 and those lots adjacent to the pond in Block 2
hall be 2 feet above the 100 Year Elevation established by the
developer's engineer.
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
i f! 4_i i' 1 lis_.. 1 i• • • •
N/A Yes No
22. X It will be necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right-of-way. All water connections shall be via
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:
See special conditions.
24. A. The radius for the paved portion of the cul-de-sac shall be 41 feet to back of
curb and the width of the pavement for the proposed streets shall be 33 feet
back to back of curb.
B. A gate valve shall be placed on existing watermain on 25th Avenue where the new
line is to be connected. A gate valve shall be placed on 24th Avenue east of
25th Avenue.
C. The fire hydrant on Brockton Lane at the corner of Lot 10 shall be moved to
Brockton Lane and 24th Avenue.
D. The City will pave 25th Avenue east of the proposed plat and assess the cost to
the adjacent property owners.
E. The developer shall be responsible for removing the existing bituminous paving
and curb and gutter on Xircon Lane south of 26th Avenue except for the center 8
feet which will be used as a trail. The developer shall install curb and
gutter at the intersection of 26th Avenue and Xircon Lane and sod the area
where the street is removed.
F. A drainage area plan shall be submitted, including the off-site drainage area
with the final grading plan.
G. Drainage calculations shall be submitted to include all off-site drainage with
the final plat application.
H. The proposed excavation of the DNR Wetland within Block 4 exceeds 1 acre and
will require an EAW.
Submitted by:
Fred G. Moore, P.E.
Director of Public Works
5
PRO:
LunDGREn
a°«° BROS:
935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231
February 17, 1989
Mr. Charles E. Dillerud
Plymouth Community Development Coordinator
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Reiser Property
Dear Chuck:
Attached are three subdivision variances which Lundgren Bros.
Construction is requesting in conjunction with its application for
Preliminary Plat approval of the Reiser Property. All, we believe, are
necessitated by a unique physical characteristic of the site -- the
existence of a sizable lagoon of Mooney Lake which occupies a large
portion of the southern one-half of the property and limits access to
the land lying between it and the main body of the lake.
Lots 6, 7 and 8, Block 4, are so constrained, and it is for this reason
that the public street which serves them is a cul-de-sac which is longer
than the ordinance standard. While there are other means of access, we
do not believe they are viable alternatives. A second cul-de-sac could
be constructed east of Brockton Lane, or Brockton Lane could be looped
to connect to 24th Avenue No. Each of these alternatives would be
needlessly wasteful, however, both of land and dollars, and would
require the placement of significant quantities of fill in the lagoon.
To avoid the need for such filling for the driveway to Lot 8, a variance
is also being sought to permit the construction of an impervious surface
10' of the Brockton Lane turn -around) within the Shorelands
regulations' minimum setback.
An equally physically constrained situation exists at the southeastern
corner of the site, in response to which we are seeking a variance from
the required lot width at front setback for Lot 20, Block 4. This
variance would permit a gooseneck extension of the lot through which a
private driveway would connect the building site, which lies to the
south of the Mooney Lake lagoon, with 24th Avenue No., which lies to the
north. Attempting to skirt the lagoon with a public street, the only
alternative which would allow Lot 20 to be of conventional design, is
undesirable. Since only about 80' separate the OHW of the lagoon from
the eastern boundary of the property, such a street would likely have a
February 17, 1989
Page 2
negative effect on the enjoyment of the adjacent Imperial Hills lots,
would require a variance from the impervious surface restrictions of the
Shorelands regulations, and would, in addition, be a cul-de-sac in
excess of 500'. Access by means of the private driveway would, we
believe, be less disruptive to the environment and the neighborhood.
Very truly yours,
LUNDGREN BROS. CONSTRUCTION, INC.
Michael A. Pflaum
MAP:bf
Attachment
CITY OF
EDIN
2052 - County Road 24, Hamel, MN. 55340
4
MAR
DEPT
March 8, 1989
Charles E. Dillerud
Community Development Coordinator
City fo Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
ITEM: PRELIMINARY PLAT AND VARIANCE FOR REISER/LUNDGREN BROTHER(89005)
Dear Mr. Dillerud,
The above mentioned plat has been reviewed by city staff and consulting
engineers. We find no problem with the proposed plat.
Thank you for the opportunity to review this. It is always beneficial
to keep abreast of our neighboring cities.
Sincerely,
o en Kohnen
Planning & Zoning Administrator
City of Medina
LK/sl
ADMINISTRATION 0 PLANNING AND DEVELOPMENT 0 PUBLIC WORKS: 473-4643 / PUBLIC SAFETY: 473-9209
April 1989 PRAC Minutes
Page 14
5. UNFINISHED BUSINESS
a. Mooney Lake Plat - Lundgren Bros. Homes. Director Blank began the
discussion on this item by indicating that the plat proposed by
Lundgren Bros. for the Reiser property has not yet been presented to
the Planning Commission. The purpose of PRAC's review is to address
the issue of whether or not there should be public land included in
this plat.
Mike Pflaum, representing Lundgren Bros., then addressed the
Commission and the audience by stating the reasons Lundgren Bros.
wants the same piece of property for a home site that the City wants
for park. He indicated that the site is a very large, lakeshore site,
with many trees. It's private and scenic, and thus, is very valuable
to Lundgren Bros. He further stated that the neighborhoods adjacent
to this property are already well endowed with parks and that the
City's Comprehensive Plan does not propose a park on this property.
He further indicated that Imperial Hills park, which is nine acres in
size, is only one-half mile away, and their residents will have trail
access to the lake. Also, Green Oaks Park is adjacent to this plat.
Holy Name Lake on County Road 24 has a public canoe access and
parking, and is no farther away from the majority of GreeRtre •'West
residents than is Mooney Lake. He argued further that this park would
be pretty isolated and would get little use since it is on the western
boundary of the City and is accessible only by pedestrians. He also
indicated his displeasure with the 38% increase in park dedication
fees, and that it was increased only to fund the purchases which have
been scheduled in accordance with the Comprehensive Plan.
He stated if Lundgren Bros. is allowed to keep this lot for a
homesite, they will construct at their expense a large wooden
observation deck for the residents to use.
Following Mr. Pflaum's presentation, Chair Edwards opened the meeting
for public comment.
Sal Testa, 2305 Walnut Grove Lane, spoke in support of making the
southeast corner of the development a public park. He has seen many
residents walk to the lake to fish using this particular area as the
access.
Dave Volker, 2830 Brockton Lane, has known Mr. Reiser for a number of
years, and Mr. Reiser informally granted access to the lake via his
property for anyone who wanted to use it. Mr. Volker claims that the
overlook proposed by Lundgren Bros. is too far away from the lake to
be enjoyed by the residents. He estimates that the distance is 468
feet and one would need a telescope to see the lake.
Donn Wassink, 2345 Walnut Grove Lane, supports the recommendation to
make a portion of the Lundgren Bros. plat public land.
Paul Wirtz, 2325 Walnut Grove Lane, supports the idea of a public park
area but wants to make sure it's not going to be similar to the park
at Parkers Lake.
April 1989 FRAC Minutes
Page 15
Peggy Cost, 1875 Troy Lane, is concerned that the City may not
understand what "kind" of lake Mooney Lake is. She stated that it is
very muddy on the bottom and has lots of snapping turtles that wander
into people's backyards. It is not a swimming lake. She also said
that she didn't want to see big boats racing around on it and wondered
if there was some way to regulate that. Director Blank stated that
there is a five horsepower motor limitation on this lake. Mrs. Cost
was surprised to hear this, and stated that last summer there were jet
skis being used on the lake. She asked if some sort of notice could
be put in Plymouth on Parade to remind homeowners that there is a
horsepower limitation in effect. Director Blank suggested that the
homeowner association should contact all residents on the lake
regarding the horsepower limitation as a first step in enforcing this
policy.
Doris Bullard, 2025 Xanthus Lane, stated that when they purchased
their home, she felt like they had moved to paradise. She described
the area as a bird and wildlife sanctuary, which is very beautiful and
quiet. She supports keeping some of the Reiser property as a public
park rather than letting Lundgren Bros. develop it as a home site.
Doug Miller, 18730 27th Avenue, also supports public park and thinks
it would be nice to tie it into the trail system proposed for the east
side of the Lundgren plat.
Following the residents' comments, Chair Edwards asked the
commissioners for their thoughts on this issue.
Commissioner Hanson said that she supported some type of public access
for those people who would not otherwise have access. She felt that
the 10% park dediction required of Lundgren should all be in the form
of land rather than cash.
Commissioner Freels supported the idea of bringing the trail down to
the water's edge and creating some type of public area where people
could sit down on benches, sightsee and fish.
Commissioner Anderson feels that building a home on the southeast
corner of the Lundgren plat would destroy any natural habitat that
exists there, and he feels it is important to preserve as much of this
area as possible.
Commissioners Edwards, LaTour and Rosen also agree that the public has
rights to lake use, and that if Lundgren Bros. were to build a home on
the southeast corner of the Reiser property, those rights would be
severely limited.
A motion was made by Commissioner Hanson and seconded by Commissioner
Freels to encourage the City Council to require that the 10% park
dedication from Lundgren Bros. be in the form of land in order to
provide public access to Mooney Lake for the purpose of canoeing and
fishing, etc.
A motion to amend the motion was made by Commissioner Beach to include
that the City should retain as much natural area as possible.
April 1989 PRAC Minutes
Page 16
Commissioner Freels then withdrew his second of the motion made by
Commissioner Hanson and amended the main motion to preserve as much of
the southeast corner of the Lundgren plat as possible as authorized by
park dedication. Commissioner Anderson seconded Commissioner Freels'
amendment.
After further discussion, all amendments and the main motion were
withdrawn.
A MOTION WAS MADE BY COMMISSIONER HANSON AND SECONDED BY COMMISSIONER
ROSEN TO ACQUIRE A NATURAL PRESERVE AREA IN THE SOUTHEAST CORNER OF
THE REISER PROPERTY ON MOONEY LAKE, WHICH WILL GIVE THE PUBLIC LAKE
RIGHTS WITH THE SAME REGULATIONS AS THE HOMEOWNERS ON THE LAKE. THE
MOTION CARRIED WITH ALL AYES.
A MOTION WAS MADE BY COMMISSIONER FREELS AND SECONDED BY COMMISSIONER
BEACH THAT THE PRESERVATION OF THIS PARK LAND SHOULD BE MADE WITH AS
MINIMAL DISTURBANCE AS POSSIBLE TO THE LAKE. THE MOTION CARRIED WITH
ALL AYES.
b. Comprehensive Plan Update. There are only two park issues being
considered in updating the comprehensive plan, therefore, Director
Blank said that the Planning Commission would be the only group
holding public meetings on this issue. He will continue to meet with
Blair Tremere to provide input on those two issues which includes
keeping the area of County Road 9 and Vicksburg Lane guided as public,
semi-public; and changing the guiding of Mud Lake from residential to
public, semi-public.
Planning Commissioner Zylla spoke briefly about the numerous meetings
the Planning Commission has held over the past three months regarding
updating the comprehensive plan. He indicated that there has been a
lot of "down" guiding from LA3 to LA2 and LA1. He said that they are
changing some residential guiding to industrial and vice versa. He
stated they spent a lot of time on the area west of Vicksburg. He
believes that the last meeting they will have prior to the public
hearings will be Tuesday, April 18.
c. West Medicine Lake Drive Trail Update. This item has been turned over
to the Engineering Department. Director Blank indicated that there
are seven houses with driveway access to the area that is now proposed
for trail. Strgar-Roscoe is still in the process of preparing their
report.
d. Plymouth Creek Parking Lot Update. Bids were opened Tuesday, April
11. Low bid was $67,839. The awarding of the contract is on the City
Council agenda for Monday, April 17. Director Blank is still planning
on the parking lot being finished by June 1.
e. Community Center Update. Five resolutions were recently passed by the
Council regarding the community center. One of those was for
negotiating a contract with a construction manager. A contract has
not been signed yet with the architect, and the City Manager is in the
process of negotiating with them. Ron Rinker of Barker, Rinker and
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: March 6, 1989
TO: FRAC
FROM: Eric J. Blank, Director of Parks and Recreation
SUBJECT: MOONEY LAKE PLAT
The attached map shows the Lundgren Bros. proposed development of the property
lying between Green Oaks Park and Mooney Lake. On the attached graphic, I
have shown in yellow the trail outlots for this development. It is my
understanding that Lundgren Bros. is in agreement with our request for this
trail. The small square colored in purple is the scenic overlook area
Lundgren Bros. has proposed on the northeast corner of Mooney Lake. I do not
believe that this is adequate public access. I think we should be requesting
dedication of a parcel as depicted in the area in green. The area in green
above the 100 year flood plain is 63,200 square feet approximately. Including
this with the area in yellow, there is approximately 2.25 acres of park
dedication. This would be under the 3.4 acres we may request, using the 10%
formula.
Currently, the City has secured some type of public access on Mud Lake, Bass
Lake, Schmidt Lake, Swan Lake, Medicine Lake, Parkers Lake and Gleason Lake.
This leaves only Mooney and Hadley Lakes as significant bodies of water that
do not have any type of public access at this time. As you can see by the
configuration of the plat, I'm not proposing any type of access that would be
available for launching boats, etc. This would remain a wooded preserve with
shoreline on the lake that would make a wonderful destination point for a walk
or bike ride.
Lundgren Bros. have suggested adding a raised observation deck to be built by
them and maintained by the City (see attached graphics). The deck would be
located just west of the lake overlook easement they proposed for this plat.
Having a deck would certainly be better than no deck. Lundgren Bros. will
have a representative at the PRAC meeting to discuss this proposal.
It is my recommendation that the City require a dedication of significant size
on the southeast corner of the Lundgren Bros. plat on the north end of Mooney
Lake.
EB/np
I
IMPERIAL HILLS HOMEOWNERS ASSOCIATION
P.O. Box 94
W-=vzata, Minnesota 55391
March 23, 1989
Plymouth City Council
City cf Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Council Members:
FILE u;
r
At the annual the Imperial Hills Homeowners Association QHHA), on February
27, 1989, t e Reiser
the
development plans, as proposed by Lundgren Brothers
Construction, ens discussed. The quorum of homeowners present voted unanimously
to have the IHHA Board of Directors send a letter to the Plymouth City Council, stating
the desires and concerns of the IHHA. This letter documents those agreed to desires
and concerns of the IHHA.
The IHHA quorum unanimously voted to support the City of Plymouth's desire for Block
4, Lot 20 to be maintained as a park preserve, rather than a buildable lot. Based on
homeowner eye -witness, the Tviooney Lake high water mark shown on the proposals,
does not accurately reflcct the higher water levels in the recent years. Based on those
homeowner eye -witness, the driveway proposed for Block 4, Lot 20 would have been
under water as recently as 1986 and 1987, due to the water level of Mooney Lake.
Be it resolved.. that the members of the Imperial Hills Homeowners Association support.
the City of Plymouth, in their efforts to secure Block 4, Lot 20 as a park preserve.
If we can provide more information on what was discussed at "the IHHA annual meeting,
please call. It is our goal to work in cooperation with the City and the developers, to
insure a development which enhances the City of Plymouth and Imperial Hills.
Thank you for your time and consideration.
Sincerely,
Donn Wassink, President
Imperial Hills Homeowners Association
Board of Directors, Imperial Hills Homeowners Association
Donn Wassink, President Eilene Berg
Lois Kemp, Vice President Ron Houser
Lyn Hintermeister, Secretary Beckey Rohde
Jeff Volkman, Treasurer Kate Strnad
9
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE April 17, 1989 COMMISSION MEETING DATE: April 26, 1989
FILE NO.: 89016
PETITIONER: Jack Swedlund
REQUEST: Preliminary Plat and Rezoning from FRD to R-2
LOCATION: Northwest Quadrant of Vicksburg Lane and Old County Road 9
4325 Vicksburg Lane North)
GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
The City Council, on March 6, 1989, by Resolution 89-142, approved amendment
to the Staged Growth Element of the Plymouth Comprehensive Plan with respect
to this parcel of property. The amendment adjusted the urban service district
boundary westerly to encompass this parcel of property, based on the ability
to provide municipal sanitary sewer to a site without a trunk sanitary sewer
extension.
A contingency of that approval resolution was that the action would be subject
to the required review and response by the Metropolitan Council. By a letter
dated August 10, 1989, the Metropolitan Council has indicated that it has
determined that the proposed amendment has no potential impact upon any of the
metropolitan system plans. Therefore, the City is advised that it may place
the amendment into effect immediately. The letter goes on, however, to
indicate that the Metropolitan Council staff will have 60 days, ending May 26,
1989, to further review the Staged Growth Amendment with respect to
consistency with the adopted chapters of the Metropolitan Development and
Investment Guide.
Notice of the Public Hearing on this preliminary plat and rezoning was
published in the Official City Newspaper, and all property owners within 500
feet have been notified. In addition, a development sign has been placed on
the property.
File No. 89016
Page Two
April 17, 1989
PRIMARY ISSUES AND ANALYSIS:
1. Proposed is the preliminary plat of, and rezoning for, a parcel of 13.1
acres upon which one single family home now exists. Proposed is rezoning
from the existing FRD to R-2, consistent with the Land Use Guide Plan
guiding of LA -2. Also proposed is a preliminary plat to create 11 new
single family lots, and a lot to accommodate the existing single family
dwelling. All proposed lots are in excess of the R-2 single family
detached lot standards of 15,000 square feet area; 120 feet lot depth;
and, 90 feet lot width at the front setback line.
2. With respect to the Plymouth Physical Constraints Analysis, we find the
site to be within the Bassett Creek Watershed District; to not contain any
floodplain overlay areas; to be located, to a very small extent, within
the Turtle Lake Shoreland Overlay District; to contain some wetlands (but
no DNR Protected Wetlands); to contain no woodlands of significance; to
contain a limited amount of slopes of greater than 12%; and to generally
contain soil suitable for urban development with public sewers.
3. Section 500 of the Plymouth City Code provides that the Planning
Commission shall hold a public hearing with respect to a proposed
preliminary plat and shall submit its recommendations with respect to the
proposed plat to the City Council. Section 500 provides standards with
respect to subdivision design. The proposed plat responds positively to
the standards provided by the ordinance.
Of particular note is the standard found in Section 500.15, Subdivision 5,
where the Planning Commission is expected to consider the degree to which
a maximum reasonable effort has been demonstrated to preserve and conserve
the natural features. The Petitioner has, in his design, generally
avoided altering the existing natural features of the site such as the
flood and wetland area located in the southwest corner of the site, and
the limited existing trees on the site located in the same general
vicinity. Some degree of cut and fill is proposed, but that activity does
not negatively impact existing natural features.
4. Proposed is the intersection of a public street serving this plat with
Vicksburg Lane at a point approximately 580 feet north of the intersection
of Old County Road 9 and Vicksburg Lane. Vicksburg Lane is a minor
arterial street. At a point approximately 280 feet north of the
intersection of Vicksburg Lane and Old County Road 9 is the access point
to the parking lot of the Plymouth Covenant Church. The City Public Works
Director has recommended that this plat not be approved with the public
street intersection to Vicksburg Lane at the location proposed. He finds
that the public safety will not be served unless the access points to this
plat and Plymouth Covenant Church form a single four -legged intersection
with Vicksburg Lane, either at the existing Plymouth Covenant Church
access point, or at the access point proposed by this plat.
File No. 89016
Page Three
April 17, 1989
The Petitioner was advised of the recommendation of the Public Works
Director during the DRC review process, and has requested the plat be
presented to the Planning Commission without modification. Therefore, the
preliminary plat as now presented is inconsistent with street design
recommendations of the City Public Works Director.
5. The Petitioner has been advised that water and sewer area charges will be
assessed per City assessment policy based on the residential density
available from the land use guiding of the property at a minimum. In the
case of this property, the resulting assessment will be at the LA -2 land
use classification midpoint - four units per net acre.
PLANNING STAFF COMMENTS:
1. The proposed plat in all respects, except street location, responds
affirmatively to the standards of both the Zoning Ordinance for R-2
property and the Subdivision Ordinance with respect to overall subdivision
design.
2. The proposed development is permissible as a single family development in
the R-2 zoning district. The land could support a higher density.
3. The City Public Works Director has recommended the proposed subdivision
not be approved with the public street intersection to Vicksburg Lane as
proposed. Consistent with Section 500.15 of the Plymouth City Code,
street location and arrangement is a consideration to be addressed by the
Planning Commission. We concur, and, on that basis, the findings of the
Public Works Director form the basis for a recommendation for denial of
the Preliminary Plat.
RECOMMENDATION:
Intersection control with Vicksburg Lane is a public safety concern,
particularly along this segment of Vicksburg Lane as it approaches what will
someday become a very busy intersection, with a downward grade toward that
intersection.
We recommend denial of the Preliminary Plat as designed upon the findings
noted. We have included a recommended draft resolution of denial, and we have
also added a resolution of approval consistent with past direction of the
Planning Commission.
File No. 89016
Page Four
April 17, 1989
Submitted by:
Charles E. Dillerud,"Community Development Coordinator
ATTACHMENTS:
1. Draft Resolution of Denial
2. Draft Resolution of Approval
3. Engineer's Memo
4. Location Map
5. City Council Resolution 89-142
6. Section 500.15 of the City Code
7. Large Plans
staffreport: pc/cd/89016)
DENYING PRELIMINARY PLAT FOR JACK SWEDLUND FOR NORTHFORK (89016)
WHEREAS, Jack Swedlund has requested approval for a Preliminary Plat for
Northfork, a plat for 12 single family residential lots on 13 acres located
north and west of the intersection of County Road #9 and Vicksburg Lane; 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 hereby does deny the Preliminary Plat for Jack
Swedlund for Northfork for 12 single family residential lots located north and
west of the intersection of County Road #9 and Vicksburg Lane, based on the
following findings:
1. The proposed plat does not comply with provisions of Section 500.17 of the
City Code regarding design standards for streets. Specifically, the
proposed public street intersection with Vicksburg lane is not located in
proper relationship to an existing access point to the Plymouth Covenant
Church thereby creating a hazard to the public safety of multiple access
to a minor arterial street over too short a distance.
2. The plat could be designed to resolve the access alignment problem.
APPROVING PRELIMINARY PLAT FOR JACK SWEDLUND FOR NORTHFORK (89016)
WHEREAS, Jack Swedlund has requested approval for a Preliminary Plat for
Northfork, a plat for 12 single family residential lots on 13 acres located
north and west of the intersection of County Road #9 and Vicksburg Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it hereby does approve the Preliminary Plat for Jack
Swedlund for Northfork for 12 single family residential lots located north and
west of the intersection of County Road #9 and Vicksburg Lane, subject to the
following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No Building Permits shall be issued until a Contract has been awarded for
sewer and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of filing the Final Plat.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution No. 79-80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
7. No Building Permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
8. Incorporation of tree protection provisions in the Final Plat and
Development Contract approval.
DATE:
FILE NO.:
PETITIONER:
PRELIMINARY PLAT:
LOCATION:
N/A Yes No
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
April 19, 1989
89016
Mr. Jack Swedlund, 4325 Vicksburg Lane, Plymouth, Mn. 55446
NORTHFORK
West of Pineview Lane, north of County Rd. 9 in the northeast one
quarter of Section 17.
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. Theme are in addition ' to the assessments a^''"' 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: This property is ruided ts9 with a density range
of 3 to 5 units per acre and is being developed at less than one unit
per acre Area assessments aro based on the mid _ ye of the
ouidina. Watermai- e naaeaament paced on 41.6 units x $790 a unit
a ,$I? -R64 Sanitary sewer assessment based on 41.6 units x 9440
unit - 518,304.
5. Other additional assessments estimated: •
TRGAL/EASEMENTS/PERMITS:
6. — _ X Complies with standard utility/drainage easements -
The City will require utility and drainage easements ten feet (10')
in width adjoining all streets and six feet (6') in width adjoining
side and rear lot lines.
N/A Yes No
7. X All standard utility easements required for construction are provided
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been reviewed
with the final plat and final construction plans.
g, _ _ X Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100 year
high water elevation and conformance with the City's comprehensive
storm water drainage plan. nrgjnage easements for ponding purposeshall
s
be dedicated on the Final Plat_ to an elevation of 968.0 for
pond BC -P5.
9. X All existing unnecessary easements and rights-of-way have been
vacated
It will be necessary to vacate the obsolete easements/right-of-way to
facilitate the development. This is not an automatic process in
conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions of
easements proposed to be vacated.
10. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application - If it is subsequently determined that
the subject property is abstract property, then this requirement does
not apply.
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
11. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MnDOT
X Hennepin County
X MPCA
X 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. 44th Avenue North shall be changed to 43rd Avenue North.
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. See Item 24G.
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 As shown on the
Preliminary Plat for Vicksburg Lane.
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be responsible
for constructing the necessary sanitary sewer, water, storm sewer and
streets needed to serve this plat. A registered professional
engineer must prepare the plans and profiles of the proposed sanitary
sewer, watermain, storm sewer facilities and streets to serve the
development. See special conditions.
3
N/A Yes No
17. _ X Preliminary utility plans submitted comply with all City requirements
The developer has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm sewer facilities. 5=
snPcial conditions.
18. X Per developer's request a preliminary report and plan will be
prepared by the City -
If it is their desire to have the City construct these facilities as
part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1,
of the year preceding construction.
19. _ _ X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots. minimum basement elevations for Lots 1 2- 1- 4 5 and 6 Block
1 shall be 970.0.
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: The trunk sanitary sewer
to serve sanitary sewer- district NW 17 will be constructed west of
this plat along the creek bottom.
4
PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL:
N/A Yes No
22. X It will be necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right-of-way. All water connections shall be via
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.
SPECTAL CONDITIONS REQUIRED:
24. A. The intersection of 43rd Avenue and Vicksburg Lane shall be relocated to a
point directly across from the access to the Church or the developer shall makearrangementswiththeChurchtomovetheiraccessfromit's present location to
the proposed intersection of 43rd Avenue and Vicksburg Lane as shown on the
Preliminary Plat. The proposed design is in conflict with the City's policy
for intersections on arterial streets.
B. The proposed street widths shall be shown on the Preliminary Plat as 33 feetbacktobackandthecul-de-sac shall be shown as a 41 foot radius to back of
curb.
C. The existing width of Vicksburg Lane shall be shown on the Preliminary Plat.
D. The 6" watermain shall be extended into the cul-de-sac west of Weston Lane,
along with a fire hydrant.
E. A temporary fire hydrant shall be placed at the south end of the watermain on
Weston Lane where it deadends.
F. The developer will be responsible for acquiring the necessary easement for the
sanitary sewer across the property to the south.
G. This development will be responsible for the installation cost of concrete curb
and gutter on Vicksburg Lane when it is installed in the future.
H. If the proposed street is constructed in the proposed location at Vicksburg
Lane the storm sewer in Vicksburg Lane shall be extended north beyond the
intersection.
Submitted by:
Fred G. Moore, P.E.
Director of Public Works
5
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a re$Ular meeting of the
City Council of the City of Plymouth, Minnesota, was held on the 6th_ day
of March , 1989 The following members were present:
Mayor Schneider, Councilmembers Vasiliou. Ricker. Zitur and Sisk
The following members were absent: None
Councilmember Sisk introduced the following Resolution and
moved its adoption:
RESOLUTION 89-142
APPROVING AMENDMENT TO STAGED GROWTH ELEMENT OF THE CITY'S COMPREHENSIVE PLAN
FOR JACK SWEDLUND (89001)
WHEREAS, Jack Swedlund has requrested approval of an Amendment to the Staged
Growth Element of the Comprehensive Plan to allow the development of property
located in the northwest corner of County Road #9 and Vicksburg Lane
PIN 22-118-11-0005); and,
WHEREAS, the request would divert approximately 13 acres from the Post -1990
Urban Service Area to the current Urban Service Area; and,
WHEREAS, the Planning Commission has considered this request at a duly
scheduled public hearing and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for an
amendment to the Staged Growth portion of the City's Comprehensive Pian based
on a finding that the area to be moved to Urban Service from Post -1990 can be
served with municipal sanitary sewer by gravity without trunk sewer
construction; and,
FURTHER, approval of the Comprehensive Plan Staged Growth Amendment is
contingent upon, and subject to the required review and response by the
Metropolitan Council, and the Final Plat which shall be approved by the City
Council prior to finalization of the amendment.
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: Mavnr SrhnPider, Cniinri1mamhPrc
Vnsi1inii- RirkPr, Zitnr and Sisk
The following voted against or abstained unnP
Whereupon the Resolution was declared duly passed and adopted.
r
Plymouth City Code 500.13
e) Private restrictions and trusteeships and their duration; should such
restrictions and trusteeships be of such length as to make the lettering
of same of the plat impracticable, and thus necessitate the preparation
of a separate instrument, reference to such instrument shall be made on
the plat and the book and page number referring to the instrument shall
be added to the plat after the restrictions or trusteeship have been
recorded.
f) The form for approval of County authorities as required.
500.13 Supplementary Documents and Information; Subdivisions. A complete set of
subdivision development plans shall be filed with the City and shall conform to
City requirements. A complete set of "as built" construction drawings for any
improvements constructed in the subdivision shall be furnished to the City when the
construction is complete and finally approved by the City.
500.15 Subdivisions; Design Standards; General Requirements. Subdivision 1.
Streets and Public Lands. The Planning Commission in its review of a preliminary
plat will take into consideration the requirements of the city and the best use of
the land being subdivided. Particular attention will be given to the arrangement,
location and widths of streets, the general drainage, ituation, lot sizes and
arrangement, as well as Comprehensive Plan requireme such as, but not limited
to, parks, school sites, boulevards and highways. o
Subd. 2. Adjoining Land. The preliminary'plat must cover all of the owner's
continguous land, but the final plat may cover only a portion of the preliminary
plat, provided it is in conformance wi an approve pre im nary plat and other
requirements herein.
Subd. 3. Large Tracts. Where the parcel is subdivided into larqer tracts
than for building lots, such parcels shall be divided so as to allow for the
opening of major streets and the ultimate extension of adjacent minor streets.
Subd. 4. Unplatted Strips. Subdivisions showing unplatted strips or private
easements controlling access to public ways shall not receive approval.
MWO-ow
MMM —
Subd. 5. Conservation and Preservation of Natural Environment. All
developers are required to retain and maintain the features of the natural
environment as much as possible by such measures as the preservation of desirable
trees, shrubs, land forms, wetlands, and ponding areas. The Planning Commission
shall pay particular attention to proposed measures to preserve or to mitigate the
impacts upon natural features and to the compliance, where applicable, with the
requirements of the Zoning Ordinance Special Protection Districts. The Commission
shall consider the degree to which a maximum reasonable effort has been
demonstrated to preserve and conserve the natural features, including mitigation
measures, and the degree to which minimum adverse impact upon the natural
environment will be realized as the result of the proposed development. (Ord.
87-17) _--Ao
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
APRIL 12, 1989
The Regular Meeting of the Plymouth Planning Commission was
called to order at 7:30 p.m.
MEMBERS PRESENT: Chairman Richard Plufka, Commissioners
John Wire, Dennis Zylla, Joy Tierney,
Michael Stulberg and Hal Pierce (arrived
at 7:40 p.m.).
MEMBERS ABSENT: Commissioner Larry Marofsky
STAFF PRESENT: Community Development Coordinator Chuck
Dillerud, Assistant Engineer John Sweeney
and Planning Secretary Jackie Watson.
MOTION by Commissioner Zylla, seconded by Commissioner
Tierney, to approve the Minutes for March 29, 1989, as
submitted.
VOTE. 5 Ayes. MOTION carried.
Chairman Plufka introduced the request of Prudential
Insurance Company/Northwest Business Campus for an Amended
Mixed Planned Unit Development Preliminary
Plat/Plan/Conditional Use Permit and Mixed Planned Unit
Development Final Site Plan/Final Plat located at the
southwest quadrant of Annapolis Circle and Campus Drive.
Chairman Plufka waived the reading of the April 3, 1989
Staff Report.
Chairman Plufka introduced Mr. Mike Gair representing the
petitioner.
Mr. Gair stated that this project is a joint venture with
Ron Clark Construction and Prudential Insurance Company.
Mr. Gair introduced Mr. Ron Clark, Ron Clark Construction,
and Mr. Ron Pentz from Prudential Insurance Company.
MOTION TO APPROVE
VOTE - MOTION CARRIED
PRUDENTIAL INSURANCE
CO./NORTHWEST BUSINESS
CAMPUS (88133)
Mr. Pentz stated that this development will be a one land
owner development owned by Mr. Ron Clark. Mr. Pentz
expressed his support of the project.
Mr. Gair stated that he would like to expand the uses for
the Service Center as stated on Page Two of the Staff
Report. He stated that the following items should include
expanded definitions: Stationery - to include art suppliers
or graphic suppliers; Card Shop - to include cards and gifts
such as Hallmark; Candy - to include bakery, pastry, ice
cream, or yogurt; Financial - to include credit union or
financial broker; Photo - to include electronic suppliers;
and Shoe Repair - to include beauty or barber.
Chairman Plufka asked whether he was including convenience
stores, retail stores and foodstuffs in his definition.
Mr. Gair replied that the development would be strictly a
service center and that no grocery stores, other than the
previously approved convenience store were proposed.
Commissioner Stulberg asked why the building plan was
changed to be just one building instead of 5 as originally
proposed.
Mr. Gair stated that this was Ron Clark's decision. Mr. Ron
Pentz stated that many developments that Prudential is
associated with have the same type of service center - one
building with many retail service centers.
Commissioner Wire stated that the building orientation on
the property may not be the best as he observed the trash
structures located near the public street would be visible.
Mr. Gair stated that landscaping would hide any unpleasant
views.
Commissioner Wire asked if there would be a service station
on the campus.
Mr. Gair stated that the service station located at the
northwest corner of Northwest Boulevard and Xenium Lane in
the 1985 plans had been relocated into the convenience
center of this site.
Commissioner Wire asked if the service station hours would
be the same as those of the Northwest Business Campus and
the balance of the proposed service center.
Mr. Pentz replied that the hours of the campus are not
given - that it operates 24 hours a day.
Commissioner Wire asked if the lighting for the service
center would be visible from the highway and said that if it
was not visible from the highway would it then minimize
customer traffic from the highway.
Mr. Gair stated that the lighting will match that of the
Prudential Building and will not extend beyond the property
lines. Reflectors will be used to cast the light downward
and there will be no floods on the buildings. Signs will be
backlit and will match the Campus fixtures.
Chairman Plufka asked if there would be one pylon sign.
Mr. Gair replied that there would be one pylon sign at the
southwest corner of the site.
Commissioner Wire stated that the previous design prohibited
tenants of the center from placing signs on I-494.
Mr. Pentz said that the subject of signage will be addressed
in a later petition to the Commission to amend the entire
Northwest Business Campus sign plan.
Commissioner Zylla stated that he did not feel the campus
alone could support the center. He did not want to see uses
so restricted that the center would not succeed.
Chairman Plufka opened the Public Hearing.
There was no one to speak on the issue.
Chairman Plufka closed the Public Hearing.
Commissioner Wire asked if a the traffic study looked at
Northwest Boulevard and Campus Drive usage.
Coordinator Dillerud reported that the traffic consultants
had suggested some improvements and some of the improvements
are already contemplated.
Commissioner Stulberg asked if the center proposed to draw
customers from the campus only.
Mr. Gair responded that the center hoped to draw from the
campus as well as the industrial business in the area.
Commissioner Zylla stated that commercial areas are
important to industrial areas and he felt it was important
for the center to pull people from outside the campus and to
expand its uses to insure success.
Commissioner Stulberg stated that the pylon sign should face
Highway 55 in order to draw additional traffic to the
center.
Coordinator Dillerud stated that a pylon visible from
Highway 55 would not be needed if this site was truly to
serve just the Northwest Business Campus.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE
Zylla to recommend approval of the resolution for an Amended
Mixed Planned Unit Development Preliminary
Plat/Plan/Conditional Use Permit and Mixed Planned Unit
Development Final Site Plan/Final Plat subject to the 10
conditions listed and to include a Condition # 11 to allow
additional uses as permitted in the B-2 district or allowed
by conditional use permit in the B-2 district - with a
Conditional Use Permit.
Chairman Plufka stated that B-2 usage is appropriate for
neighborhood shopping centers and is not appropriate here.
He said that the increased usage is more appropriately B-3.
Mr. Ron Clark stated that he is not interested in having
grocery sales in the center but that he had talked to users
that are acceptable in the B-2 areas that are interested.
He said that some latitude is needed because uses will
change as time goes on.
MOTION to amend the Main Motion by Chairman Plufka, seconded MOTION TO AMEND MAIN
by Commissioner Tierney to change Condition #11 to include MOTION
uses as permitted or allowed by Conditional Use Permit in
the B-3 area.
Roll Call Vote. 4 Ayes, Commissioners Wire and Stulberg, VOTE - MOTION CARRIED
Nay. MOTION carried.
Roll Call Vote on Main Motion as Once Amended. 6 Ayes. VOTE ON MAIN MOTION -
MOTION carried. MOTION CARRIED.
Chairman Plufka introduced the Request of C. G. Rein Company C. G. REIN COMPANY -
for a Land Use Guide Plan Amendment. (89004)
Coordinator Dillerud presented a summary of the Staff Report
of April 4, 1989.
Chairman Plufka introduced Sherman Goldberg, representing
the petitioner.
Mr. Goldberg discussed the traffic study results and stated
that he did not feel the traffic would increase as much as
the traffic study stated. He asked who would pay for the
traffic signals that would be needed. He stated that ad
valorem taxes would not be used.
E
Chairman Plufka stated that the Draft Approval Resolution
stated that the traffic signals would be the responsibility
of the developer.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Paul Rodrigue of 4724
Erickson Drive.
Mr. Rodrigue stated that his concerns were trash bins in the
back of buildings such as this proposed development, the
increased traffic in the neighborhood and his desire to see
that such developments were landscaped so that they were
hidden from the neighborhood.
Chairman Plufka closed the Public Hearing.
Commissioner Wire asked if the 500 foot notice included the
homes across Nathan Lane from the church.
Coordinator Dillerud stated that it did not.
Commissioner Pierce said that relocation of the frontage
road would involve purchasing land currently owned by
Northwestern Bell.
Chairman Plufka said that his main concern was the necessity
of moving the frontage road.
MOTION by Commissioner Wire, seconded by Commissioner
Tierney to recommend deferral of the petition until the
first meeting after the Public Hearing on the Land Use Guide
Plan.
Roll Call Vote. 4 Ayes, Commissioner Stulberg and Chairman
Plufka, Nay. MOTION carried.
Coordinator Dillerud stated that the petition would be
recalled after the Public Hearing on the Comprehensive Plan
Amendments.
Chairman Plufka introduced the request of Carlson Real
Estate Company for a Conditional Use Permit to allow duplex
structures in the R-2 Zone in the Carlson Center First
Addition.
Commissioner Stulberg excused himself from the discussion of
this item and stepped down.
Chairman Plufka waived the reading of the April 3, 1989
Staff Report.
MOTION TO DEFER
VOTE - MOTION TO DEFER
CARRIED
CARLSON REAL ESTATE
COMPANY (89013)
Chairman Plufka introduced Mr. Larry Chiat of Carlson Real
Estate Company representing the petitioner.
Mr. Chiat stated that he was in agreement with the Staff
Report.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Timothy Myers of 550
Wedgewood Lane.
Mr. Myers stated that he was opposed to the construction of
duplex homes. He said that the current neighborhood is
single family homes and that another new development by MJM
will also be single family homes. He felt the duplex
development would cause increased traffic.
Mr. Myers also stated that in a duplex development sale of
homes takes longer and the homes generally become rental
property when the owner cannot sell them. Renters generally
do not care for the property, and rental property would
reduce the value of the single family homes.
Chairman Plufka asked Mr. Chiat why the developer had
decided on duplex homes.
Mr. Chiat stated that the property had been zoned for this
type of development.
Chairman Plufka asked if the buildings would all be of the
same design, and stated that appearance was important.
Coordinator Dillerud stated that since no site plan is
required that if appearance is important, the subject should
be addressed now.
Commissioner Zylla stated that he felt design was important,
and hoped this conversation is conveyed to the marketer, but
that he did not want to dictate design.
MOTION to recommend approval by Commissioner Zylla, seconded
by Chairman Plufka for a Conditional Use Permit to construct
two-family (duplex) structures in the Carlson Center 3rd
Addition subject to the 5 conditions listed in the Staff
Report of April 3, 1989.
MOTION to amend the Main Motion by Commissioner Wire,
seconded by Commissioner Pierce to state in Condition #5
that single family homes are not precluded in the
development if desired by a buyer.
MOTION TO APPROVE
MOTION TO AMEND MAIN
MOTION
Roll Call Vote to Amend Main Motion. 5 Ayes. MOTION to VOTE TO AMEND - MOTION
Amend Carried. CARRIED
Roll Call Vote on Main Motion Once Amended. 5 Ayes. MOTION VOTE - MAIN MOTION -
Carried. MOTION CARRIED
Chairman Plufka introduced the request of O'Bresky O'BRESKY ENTERPRISES,
Enterprises, Inc. for a Conditional Use Permit for a Class INC. (89018)
II restaurant in the Waterford Park Plaza Shopping Center.
Chairman Plufka waived the reading of the April 4 1989 Staff
Report.
Chairman Plufka introduced the petitioner, Daniel O'Bresky.
Mr. O'Bresky stated that he felt the requirement in the
Staff Report for 16 offstreet parking spaces was high and
from previous experience felt that 12 parking spaces are
sufficient at peak hours.
Chairman Plufka opened the Public Hearing.
Chairman Plufka closed the Public Hearing. There was no one
to speak on the issue.
MOTION by Commissioner Wire, seconded by Commissioner Pierce MOTION TO APPROVE
to recommend approval of the petition for a Condtional Use
Permit for a Class II restaurant in the Waterford Park Plaza
Shopping Center subject to the seven listed conditions in
the Staff Report dated April 4, 1989.
Commissioner Stulberg asked Mr. O'Bresky what the hours of
operation would be. Mr. O'Bresky replied that hours of
operation would be 11:00 a.m. to 2:00 a.m. - 7 days a week.
Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED
Chairman Plufka introduced the request of OPUS OPUS CORPORATION/TENNANT
Corporation/Tennant Corporation for a MPUD Final Site CORPORATION (88146)
Plan/Final Plat for a 25 acre portion of the Tennant
Corporate Center to include a building for Schneider U.S.A.
Chairman Plufka waived the reading of the April 4, 1989
Staff Report.
Chairman Plufka introduced Mr. Bob Worthington of OPUS
Corporation representing the petitioners.
Mr. Worthington showed the Commission a colored drawing of
the site. He then introduced Mr. Tom Tully of Schneider
U.S.A. Inc. the future occupants of the site.
Mr. Tully gave the Commission a brief overview of the
company business. He also expressed how proud Schneider
U.S.A. Inc. was of the design of the building and how happy
the company was to be located in Plymouth.
MOTION by Commissioner Wire, seconded by Commissioner
Tierney to recommend approval of the MPUD Final Site
Plan/Final Plat for a 25 acre portion of the Tennant
Corporate Center to include a building for Schneider U.S.A.
subject to the 12 conditions as listed in the Staff Report
of April 4, 1989.
Mr. Worthington stated his concern with Condition #3 as to
Building Permits not being issued until a Contract for sewer
and water has been awarded. He stated that the developer is
responsible for the sewer and water installation and
therefore this is not applicable.
Mr. Worthington also stated his concern with Condition #5.
He suggested that the City, when naming the streets in the
development, should look at the two parallel streets that
come together to form a loop and adjust the naming of the
street.
VOTE. 6 Ayes. MOTION carried.
Chairman Plufka introduced the request of Edward Nordling
for a Lot Division/Variance.
Coordinator Dillerud presented the March 10, 1989 Staff
Report.
Chairman Plufka introduced the petitioner Mr. Edward
Nordling.
Mr. Nordling displayed for the Commission a drawing of the
area, and proposed home which would occupy the property if
the lot division was approved. He explained how the
neighborhood had developed in the past 20 years and his plan
to divide his lot.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Gary Eitel of 12725 11th
Avenue North.
Mr. Eitel stated that he was a professional and worked with
the Cities of Rogers and Corcoran. He demonstrated how a
lot division as Mr. Nordling was requesting could be
accomplished.
MOTION TO APPROVE
VOTE - MOTION CARRIED
EDWARD NORDLING (89010)
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Chairman Plufka introduced Mr. Paul Nelson of 4350 Kings
Point Road, Excelsior.
Mr. Nelson stated that he was a contractor and was
interested in building an architecturally attractive home on
Mr. Nordling's property.
Chairman Plufka introduced Mr. Bill Lapp of 12840 11th
Avenue North.
Mr. Lapp reiterated his comments from his letter sent to the
Commissioners prior to the meeting, and enclosed in the
Commission packets, regarding the failure of Mr. Nordling's
request to meet the requirements for a variance. He also
stated that he would have positioned his home, which is next
to the Nordling property, differently on his lot had he
known of the Nordling's intention to divide the property and
build another house.
Mr. Nordling stated that the proposed building would not
obstruct the view of the Lapps.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO DENY
Zylla to recommend denial of the request of Edward Nordling
for a Lot Division/Variance of his property located at 12830
11th Avenue North on findings as follow:
1. There are no special circumstances or conditions
affection 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.
Roll Call Vote. 5 Ayes, Commissioner Tierney, Nay. MOTION VOTE - MOTION CARRIED
for Denial Carried.
Meeting Adjourned at 11:05 p.m.