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HomeMy WebLinkAboutPlanning Commission Packet 09-13-1989CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE August 25, 1989 COMMISSION MEETING DATE: September 13, 1989 FILE NO.: 88035 PETITIONER: Wayzata Independent School District REQUEST: Amended Site Plan and Conditional Use Permit for the Plymouth Creek Elementary School LOCATION: Southwest Quadrant of Vicksburg Lane and 41st Avenue North GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential) ZONING: R-2 (Low Density Multiple Residents District) BACKGROUND: By Resolution 88-389, the City Council on July 11, 1988, approved a Site Plan and Conditional Use Permit for the construction of an elementary school of 80,000 square feet at the subject location. Concurrent with this action, a Preliminary Plat was approved to create the site upon which the elementary school is being constructed, and a Conditional Use Permit was issued to allow alteration of the flood way adjacent to the school. By Resolution 89-31, the City Council on January 23, 1989, approved an amended Site Plan and Conditional Use Permit to allow for minor adjustments to the previously approved Site Plan. 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. The petitioner proposes an adjustment to the previously approved Conditional Use Permit/Site Plan, to eliminate screening of roof top equipment as was approved with the previous Site Plan and as required per the Zoning Ordinance where aesethetic or noise conflicts will occur with adjoining residential areas. 2. Section 7, Subdivision F, Paragraph 3 of the Plymouth Zoning Ordinance attached) provides for "multiple dwellings" to have rooftop units effectively screened. Section 8, Subdivision G, Paragraph 2, g. provides for all "nonresidential" buildings to screen rooftop units, "... where the design, color, and location of equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility..." see next page) 0, Page Two File 88035 During review of the original Site Plan and Conditional Use Permit the need for this nonresidential structure to comply was assumed. Plans recommended by the staff and Planning Commission, and approved by the City Council include screening of the roof top units. 3. The amended Site Plan and Conditional Use Permit remain in compliance, except as noted above, with all provisions of the City of Plymouth Policy Manual and Zoning Ordinance with respect to structured dimensions; setbacks; parking design; landscaping; treatment of waste material storage; and responsiveness to the various elements of the Comprehensive Plan. In addition, the proposal continues to be responsive to the elements of the physical constraints analysis. 4. The petitioner has submitted documentation in support of the proposed plan amendments, including noise test information. All related applicant submissions are attached. PLANNING STAFF COMMENTS: 1. The test results presented by the petitioner do not confirm a "worst case" scenario existing during the test period. There remains a question of whether all compressors were engaged. The noise level of an air conditioner generally is higher when the compressor (rather that just the fan) is engaged. 2. Regardless of the compressor status during the test, the finding of 42-46 decibels of sound pressure at the monitoring points confirms the need for screening based on the Plymouth Zoning Ordinance standard of . not transmitted beyond the boundaries of the property so to be perceptible in any residential zoning district..." (emphasis added) Compliance with some Stat (MPCA) standard does not qualify as compliance with the Plymouth Zoning Ordinance. 3. Aesthetic compatibility is truly subjective. We find the roof top units tend to blend in to the other architectural projections on the roof of this school. The distance from which the units are viewed from public streets contributes to this finding. see next page) Page Three File 88035 RECOMMENDATION: We find the existing roof top units do not meet the standard of the Zoning Ordinance regarding noise suppression. We recommend the applications to permit those units without noise screening (CUP and Site Plan) be denied, and that screening sufficient to buffer noise to meet the ordinance standard be required as originally planned. Submitted by: Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Recommended Finding for Denial 2. Recommended Conditions of Approval 3. Applicant's Submission 4. Related Zoning Ordinance References (Section 7 and Section 8) 5. Location Map 6. - Site Plan pc/cd/88035:dl) RECOMMENDED CONDITIONS FOR PLANNING COMMISSION APPROVING AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR A SCHOOL IN AN R-2 ZONE (88035) 1. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 2. Compliance with all applicable conditions of Resolution 88-389 approving the original Site Plan and Conditional Use Permit. RECOMMENDED FINDINGS FOR PLANNING COMMISSION DENYING AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR A SCHOOL IN AN R-2 ZONE (88035) 1. Test results submitted by the applicant confirm that noise from the roof top units will be perceptable in the adjacent residential zoning district inconsistent with the standard of the Zoning Ordinance for noise fuffering of roof top mechanical units on non-residential structures. Plymouth Creek Elementary School DESCRIPTION OF REQUEST Independent School District 284 wishes to appeal the city zoning official's interpretation of the roof top equipment ordinance. (See attached) The District received notice from the City on July 31, 1989, that a Plymouth ordinance requires screening of roof top equipment at Plymouth Creek Elementary School. It is our position that the McQuay roof top equipment installed at Plymouth Creek Elementary School is not in violation of city ordinance since it is neither noisy nor aesthetically displeasing. Consequently we do not believe such screening is necessary and contend that its installation would be an inappropriate use of public funds. (Est. cost $60,000) We therefore are making application for an amendment to the Plymouth Creek Elementary School site plan to permit the current condition as an alternative to additional screening. Included as an attachment to this narrative is a diagram showing the locations of the six roof top units and photographs of the school as built. Also attached to this narrative is an environmental noise survey conducted in the vicinity of Plymouth Creek Elementary School by Twin City Testing. The measurements were taken between the hours of 12:30 and 1:30 A.M., July 28, 1989. PLYMOUTH ZONING ORDINANCE Section 8, Subdivision G 5) All trash disposal facilities outside the approved principal building or approved accessory building shall comply with the following: a) All outside accessory enclosures shall screen the containers from the public view. b) The enclosure area shall include adequate buffering to minimize visual and audible impact upon any adjacent residential uses. c) Screen enclosures may be attached to, or detached from the principal building. d) Enclosures shall provide convenient access by the user and the contracted hauler. e) Enclosures shall not obstruct approved driveways, aisles, parking spaces, fire lanes, or building ingress and egress. f) Enclosures shall be constructed of wood and/or masonry materials which are aesthetically compatible with the primary structure and the site. g) Where fencing is used, the design shall be vertical board, with treated minimum 2 inches thick lumber and with minimum 6 inches x 6 inches support posts. h) When gates and doors are used, they shall be equipped with heavy-duty hardware and shall be kept closed at all times other than during loading and unloading. Amended by Ord. No. 82-08) , f. All public rights-of-way within NON -RESIDENCE DISTRICTS shall be constructed to a nine -ton street design. g. Rooftop Equipment. All heating and cooling equipment mounted on the roof of of new approved NON-RESIDENTIAL BUILDINGS shall effectively buffer noise so that it is not transmitted beyond the boundaries of the property so to be perceptible in any residential zoning district. Such equipment shall be designed (including exterior color) and located so to be aesthetically harmonious and compatible with the building. Screening of the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatabilityScreening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements. for access to the equipment shall be observed in the design and construction of the screening. (Amended Ord. No. 85-13) 3. Compliance In order to insure compliance with the performance standards set forth above, the City Council may require the owner or operator of any use to have made such 8-13 I J 3NU Iz V O i I I I \ . • i i I I I • • 11 i yc.i t .. r . •w w .rw ,1 I I 1 I -xIti 1 c : ............ I 1 I J 1 I I _ I1 = - - 1 ' 1 j • sines>3in, a= i—' i 1 1 41% 71 7;2 1 I1 I i 1 I1 4 , L 1 I 1 i I I I \ . • i i I I I • • 11 i yc.i t .. r . •w w .rw ,1 I I 1 I -xIti 1 c : ............ I 1 I J 1 I I _ I1 = - - 1 ' 1 j • a twin MY tescinq cot=, tion O 662 CROMWELL AVENUE ST, PAUL, MN 55114 PHONE 612/6453601 REPORT OF: ENVIRONMENTAL NOISE SURVEY LABORATORY NO: 4143 89-OSI1 DATE: August 16, 1989 PAGE: 2 TEST RESULTS: The average (Leq) sound levels for each monitored. position are documented below: Location MeasuredS Leal MPCA Maximum Permis ibie (L50) Position #1 46 dBA 50 dBA Position 02 42 dBA 50 dBA Position 03 45 dBA 50 d8A Note: The Leq (sound level equivalent) reported above is estimated to equal the L 50 (level exceeded 50% of the time) as required by the MPCA Standard. IE: The steady state sound level produced by the HVAC system is nearly constant in nature, therefore the L50 would be represented by the Leq. TWIN CITY TESTING CORPORATION Mike E. Wakumoto, P.E. Acoustical/Vibration Engineer Acoustical/Fenestration Department MEW/ROT/mw/389-0511 Reviewed by: Q_ A;R v Richard 0. Thomalla, Manager Acoustical/Fenestration Department Mechanical/Metallurgical Division Iw • Aft"w a 11000rr4771000 ro "affm r..s Swabia .wm euft"ivea'sij. N.wA •.... . • - 41ST A:. N. 44 U. 1 I I Q t I i! I TWIN CITY TESTING CORPORATION Mike E. Wakumoto, P.E. Acoustical/Vibration Engineer Acoustical/Fenestration Department MEW/ROT/mw/389-0511 Reviewed by: Q_ A;R v Richard 0. Thomalla, Manager Acoustical/Fenestration Department Mechanical/Metallurgical Division Iw • Aft"w a 11000rr4771000 ro "affm r..s Swabia .wm euft"ivea'sij. N.wA •.... . • - tunn city testir%Q0 t' m 662 CROMWELL AVENUE ST. PAUL, MN 5511A PHONE 612/645.3601 REPORT OF: ENVIRONMENTAL NOISE SURVEY PROJECT: PLYMOUTH CREEK SCHOOL REPORTED TO: Wayzata Public Schools #294 DATE: August 15, 1989 Attn: Stan Tikkanen 218 State Highway 101 North cc: Bob Hansen Wayzata, MN 55391 M A Mortenson LABORATORY NO: 4143 89-0511 INTRODUCTION: P.O. NO: n/a This report documents the results of an environmental noise survey conducted in the vicinityofPlymouthCreekSchool, Plymouth, Minnesota. Noise generated by rooftop HVAC units were monitored and compared with existing MPGA Standards. This work was requested by Mr. Bob Hansen of M. A. Mortenson Company on July 27, 1989 with the test conducted July 28, 1989. CONCLUSIONS: Noise levels as established by the MPCA (Minnesota Pollution Control Agency) for nighttime maximum permissible levels were not violated in any of the three locations monitored. Duringthetests, all fans (6 total) were reported to be running (not verified). The compressors were cycling during the tests, therefore an accurate worst case condition was not attainedie. 6 compressors on simultaneously). (See "TEST RESULTS" section of this report for the exact locations and measured values.) Note: This conclusion is based on an abbreviated test of noise levels monitored for a 3 minute period. An actual full scale test as specified by the MPCA Standard Chapter 7010 involves a I hour monitoring period. HVAC noise is generally steady state in nature and can be monitored over a shorter duration and still attain accurate results. INSTRUMENTATION AND MEASUREMENTPROCEDURE: A Bruel & Kjaer Type 2209 Precision Impulse Sound Level Meter and associated 1/2" condenser microphone and windscreen were used to obtain the noise levels. The meter was set in theA -Weighted, "Fast" response mode. The meter was calibrated before and after the measurements with a Bruel and Kjaer Type 4230 sound level calibrator with no drifting observed. The meter was set 4.5 feet above the ground and pointed in the direction of the school. Measurements were obtained every ten seconds over a 3 minute period. The measurements wereobtainedbetweenthehoursof12:30 and 1:30 AM, July 28, 1989. cwftns. Two .wue .w aww Vee. Ali A/PON"s &y aynM1R10 4; "IN CMIMQtMYIw.c.+o.. e •.nw+n. eeMeir wti d.r...... — -- b T Z£91.b6 Ol Irldd 1S ON I 1S31 Al I 0 N I fel WMW 8S : 60 .686T -9T-911-1 Z0•d September 1, 1989 Mr. Stanley Tikkanen Independent School District #284 P.O. Box 660 Wayzata, MN 55391 SUBJECT: Amended Site Plan and Conditional Use Permit for Plymouth Creek School (88035) Dear Mr. Tikkanen: This letter is written to forward review comments and observations submitted by the staff members at the August 29, 1989 staff review committee meeting regarding the above referenced application. During the staff discussion of the application materials submitted, the following items were addressed: 1. We note the information you submitted from Twin City Testing concerning the noise level of the rooftop units at the three monitoring points. It appears the noise level observed, with an unknown number of compressors engaged, range from 42 decibels to 46 decibels depending on the location. 2. The report of Twin City Testing makes reference to an MPCA standard of 50 decibels for "nighttime maximum permissible levels". The Plymouth Zoning Ordinance, referencing the buffering of noise from a nonresidential building, states that the noise shall be so buffered as to preclude the transmission of noise "beyond the boundaries of the property so to be perceptible in any residential zoning district". The key word would appear to be "perceptible". Certainly a noise level of 42 to 46 decibels is perceptible, regardless of what MPCA standard is applied. It does not then appear that the rooftop units meet the Plymouth Zoning Ordinance standards, and should be buffered so as to reduce noise to below the level of perceptibility at the property lines. 3. We have tentatively scheduled a hearing before the Plymouth Planning Commission for 7:30 p.m., September 13, 1989 to consider your application for Amended Site Plan and Conditional Use Permit. The meeting will be held at the Plymouth Center, 3400 Plymouth Boulevard. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Mr. Stanley Tikkanen September 1, 1989 Page 2 Please review the foregoing comments with respect to relationship of your test results to the Plymouth Zoning Ordinance. It would be helpful for you to prepare a written response to our observations that can be presented to the Planning Commission together with the Staff Report. Sincerely, Qes.lDiYeru Community Development Coordinator W PLYMOUTH ZONING ORDINANCE Section 7, Subdivision E d 300) square feet per dwelling unit for that portion of the multiple d ling site within one -hundred fifty (150) feet of the R -1A Residence Distri 8. For each unit containing bedrooms in excess of two (2), add hree-hundred 300) square feet per dwelling unit. SUBDIVISION F - STANDARDS FOR RESIDENCE DISTRICTS 1. Site Plan For all permitted developments in th esidence Districts, except those contain- ing only permitted single family ached dwellings, a site plan must be reviewed by the Planning Commission approved by the City Council as set forth in Section 11, Subdivision A 2. Projecting Air Condoning and Heating Units -- Multiple Dwellings and Rooming Houses Air condi ' ning or heating units projecting through exterior walls or windows shall located and designed so that they neither unnecessarily generate or tran it sound nor disrupt the architectural amenities of the building. Units p jecting more than twelve inches beyond the exterior finish of a building wall hall be permitted only with the written consent of the Building Official, which hnl l 3. Rooftop Equipment. All heating and cooling and other mechanical equipment mounted on the roof of new approved MULTIPLE DWELLINGS shall effectively buffer noise so that it is not transmitted beyond the boundaries of the property so to be perceptible in any residential zoning district. Such equipment shall be designed (including exterior color) and located so to be aesthetically harmoniousand compatible with the building. Screening of the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening. (Amended Ord. No. 85-13) Il a. Except forsidences with private entrances to the ground level, multiple residenc uildings shall be equipped with at least one trash chute on each f, hich is connected directly to a compactor, container, or approved inci erator located in a proper room in the basement or ground floor level. Pr visions must be made to deliver residual trash to grade level for ickup. (Amende 7-9 PLYMOUTH ZONING ORDINANCE Section 8, Subdivision G ras h buildi approved accessory building shall comply with the following: a) All outside accessory enclosures shall screen the contain s from the public view. b) The enclosure area shall include adequate buffer g to minimize visual and audible impact upon any adjacent resi ntial uses. c) Screen enclosures may be attached to, r detached from the principal building. d) Enclosures shall provide convenie access by the user and the contracted hauler. e) Enclosures shall not obstct approved driveways, aisles, parking spaces, fire lanes, or b lding ingress and egress. f) Enclosures shall b constructed of wood and/or masonry materials which are aesth ically compatible with the primary structure and the site. g) Where f Ging is used, the design shall be vertical board, with treat minimum 2 inches thick lumber and with minimum 6 inches x 6 in es support posts. h When gates and doors are used, they shall be equipped with heavy-duty hardware and shall be kept closed at all times other than during loading and unloading. Amended by Ord. No. 82-08) All public rights-of-way within NON -RESIDENCE DISTRICTS shall be constructed to a- on street desiqn. g. Rooftop Equipment. All heating and cooling equipment mounted on the roof of of new approved NON-RESIDENTIAL BUILDINGS shall effectively buffer noise so that it is not transmitted beyond the boundaries of the property so to be perceptible in any residential zoning district. Such equipment shall be designed (including exterior color) and located so to be aesthetically harmonious and compatible with the building. Screening of the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatabilityScreening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements, for access to the equipment shall be observed in the design and construction of the screening. (Amended Ord. No.' 85-13) tompi 1Aa ce order to insure compliance with the performance s et forth above, the or of any use to such 8-13 all I 3 Z iv Zi 0P gill O J j I 3 Z iv Zi 0P r 9 - I F-v2n' O J j i W W W C• W W Z N W o - Z:) CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE August 21, 1989 COMMISSION MEETING DATE: September 13, 1989 FILE NO.: 89072 PETITIONER: Judy Miller, K & D Construction REQUEST: Lot Division and Variance from the minimum lot size requirements (8,591 square feet versus 9,250 square feet) on the "East Tract". LOCATION: 235-237 Zinnia Lane GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential) ZONING: R-2 (Low Density Multiple Residence) BACKGROUND: The City Council approved the Preliminary Plat for what was then called Carlson Center Annex under Resolution 81-259. They subsequently approved the Final Plat under Resolution 85-63. Property owners within 100 feet have been notified of the public meeting. PRIMARY ISSUES AND ANALYSIS: 1. The purpose of the request is to accommodate individual ownership of each unit of a duplex structure now under construction on the existing lot of 18,520 square feet. 2. The Planning Commission may recommend a variance from the provisions of the Zoning Ordinance as to specific properties when, in its judgement, an unusual hardship on the land exists. A copy of the Zoning Ordinance standards is attached. The applicant has been informed of the six Zoning Ordinance criteria and has not provided a narrative response to those criteria. 3. The physical constraints analysis identifies this property to be located within the Minnehaha Creek Drainage District. It is not located within a Shoreland Management area or contain any wetlands. There are no major woodlands or severe slopes. The soils appear suitable for urban capability with public sewers. 4. The lot division complies with the Ordinance minimum requirements pertaining to lot width, and building setbacks. see next page) 0 Page Two File 89072 PLANNING STAFF COMMENTS: 1. The division of platted property responds to Ordinance standards for such actions in the R-2 Zone, except the Zoning Ordinance standard of lot size for the east parcel. 2. We find no basis or hardship for creating the "East Tract" at a size less than the Ordinance standard of 9,250 square feet, except the drafting convenience of a straight common property line. The Ordinance standards for variance are not met and an undersirable precedent will result. 3. An approach that would yield a similar result would be condominiumize the parcel. RECOMMENDATION: We recommend approval of the division of platted land, but only on the condition that the common property line be adjusted to provide 9,250 square feet in the east r el. We als ecommend t variance be denied. Submitted by: Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Recommended Conditions of Approval 2. Recommended Findings for Variance Denial 3. Engineer's Memo 4. Location Map 5. Site Graphics 6. Variance Criteria pc/cd/89072:dl) RECOMMENDED CONDITIONS FOR PLANNING COMMISSION SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND REGARDING LOT DIVISION/CONSOLIDATION FOR K & D CONSTRUCTION (89072) 1. Compliance with the City Engineer's Memorandum. 2. No yard setback variances are granted or implied. 3. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 4. No Building Permit to be issued on the "East Tract" until the lot division/consolidation is filed with Hennepin County. 5. The common property line between the "East Tract" and the "West Tract" shall be adjusted such that the area of the "East Tract" is not less than 9,250 square feet. RECOMMENDED FINDINGS FOR PLANNING COMMISSION DENIAL OF A VARIANCE FOR LOT SIZE ON THE "EAST TRACT" FOR K & D CONSTRUCTION 89072) I. The Zoning Ordinance standards for approval of a variance are not met. 2. The approval of a variance will create an undesirable precedent for R-2 Zoned property elsewhere in the City. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: September 7, 1989 FILE NO.: 89072 PETITIONER: Ms. Judy Miller, K & D Construction, 505 North Hwy. 169, Suite 100, Plymouth, Mn. 55441 LOT DIVISION/CONSOLIDATION:LOT 9, BLOCK 1, CARLSON CENTER SIXTH ADDITION LOCATION: South of Zinnia Lane, west of Xenium Lane in the southwest one quarter of Section 34. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division/Consolidation approval: 4. Area assessments: None. 5. Other additional assessments estimated: , one. LEGAL/EASEMENTS/PERMITS: 6. _ X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) This proposed lot division is to separate a two family dwelling, standard utility and drainage easements will not be regyired. N/A Yes No 7. X _ _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. g. X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: g, X _ _ All standard utility easements required for construction The following easements will be required for construction of utilities 10. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 12. _ X All existing street rights-of-way are required width - Additional right-of-way will be required on 13. A. Submitted by: Daniel L. Faulkner, P. E. City Engineer 4 1 f- f/l AG4 - 4 qo- 7g4 64 9A P7tLSONCENitK g 49.s1149.04 2- 02NADD. -H- --AVE—.--A.'25, GS 93 SL1c ? 1 2 (46) 50 3 2 3WENSOLEADD. (s0 j0) 8 _ 1 I (57) ( 58 / t6. bi , 0 3j N `h BL K i ,o,, FRE%lCFilE;d-SLA C 0 44 L 4.45 9pA c 50 (15) POINT 2 (10-1 II io4•45 S BLOCK a THIRD (61)o,' Qom' 43 (L) ADDITION 3 cob) pgq.gtY ° 6 m C LP y 14) Jotsa ° 41 qw ( W ° ADD, 50 50 p J W 2 k Q 170.70 /yLL a2 a2 Z o J (12) ` W - 7 € W 3 g ' ire Q wZ 1 1 h"Jgo. J 0 8 Sl.i `^ Z 0 Ws l / -J = to •. 1 1 ?40. 00 Z v a ~ ° _ 9 •Z J OUTLOT F u 4 w -.( 28) ` 8 ( 2o 2 Z (33) 8 4+ Z a X1015127 0 N x s26 (25) 0 OUT LOT A s , ; J S ( 22) (34) Sero 100.00I. y;) •sc.,• SfT x.79 4 450 2 HiQ '•. j A ( 23) ,?, (35R•xjl6 / I.. J •4lR 30I ` C LS N :.. t 4 3( 151 ; II U•i C 4 Qui) 91 sr (6) (7y 10 Do 9 Cwt M (2) 8 1 . a F (til 6 ro ! Y• g 0 his) p o . , '` ,+, •' , , 6c SUIV c 3,4 ZINNIA A. Aooi' ION n OCK I I M, ZI .12 O• I CARLSON CENTER , BLOCK I k • 1 LOT I I I 1 AiI vNORTH- 46T - o o „o o I l: yJ "` i 1 N N UZ I Surmountable Curb N R=225 of' N.89°11129"e, i e North linee=12°26' O r-0 N 89°11129''E L t 91=48.84 I 57.19--- --- Draitv9e and Utility Easement o eor, 1 Loi jc Ln LriI I x Qj in 21.0 I .n 21.0 W TWO a/ 9.0 DWELLING CONS 7 IJo W CJ W 1 Ma) C H N o 36.61 0 - Z 1 xn n N 1 1 I s Drainage --_ al 9-- and FA M 1 LY U N DER 9.0 I RUCTION I I_ I 0........ 21.'14 i T Utility Easement , 1 58.20 --- ---- N.89°11'29" E.. The 300 th !i„e Or L97' - 46 h0. 894CO ZDN I N G 0 KW NANc.E VPSK% NW`F.- .5'TAW D A R DS 1) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land Involved, a particular hardship to the owner would result, as distinouished from a mere inconvenience, If the strict letter of the regulations were to be carried out. 2) That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance Is sought and are not applicable, generally, to other property within the same zon- ing classification. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an Interest in the parcel of land. S) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or Improvements in the neighborhood In which the parcel of land is located. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the con- gestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. a. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE August 14, 1989 COMMISSION MEETING DATE: September 13, 1989 FILE NO.: 89027 PETITIONER: Ben Roggeman, Jr. REQUEST: Division of Unplatted Land via Waiver of Subdivision Code LOCATION: 5030 Zachary Lane North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: There is no prior history of development applications concerning this parcel in the Community Development Department files. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes a division of unplatted property to create 2 single family building lots of approximately 24,000 square feet each from an existing unplatted parcel of 48,488 square feet. The new building lot created (the west parcel) is proposed to access Zachary Lane via a shared driveway with the east parcel (containing the existing home). The east parcel has public street frontage on 50th 1/2 Place North, an unbuilt half street right-of-way. 2. Section 500.43, Subdivision 2 of the Plymouth City Code (the Subdivision Ordinance) provides that where compliance with the provisions of the State law with respect to platting of property creates an unnecessary hardship and where failure to comply will not interfere with the purpose of this Subdivision Ordinance, the City may waive compliance with the requirement that land cannot be conveyed by metes and bounds. The Council may thus grant the waiver if a finding has been made by the Planning Commission that the request otherwise complies with the Subdivision Code. The applicant requests such a waiver based on a hardship as described in a letter of June 26, 1989 (attached). see next page) Page Two File 89027 3. The Physical Constraints Analysis identifies this property is within the Shingle Creek Drainage District. The property is not located within a Shoreland Management District nor does it contain any wetlands. The site does not contain any major woodlands or slopes in excess of 12 percent. The soil appears suitable for urban capability with public sewers. 4. The lot division complies with ordinance standards for lot dimensions and lot area. PLANNING STAFF COMMENTS: 1. Staff has repeatedly advised the petitioner that we could not determine an unnecessary hardship sufficient to justify a waiver of platting as proposed. (See our letter of May 8, 1989, attached.) We do not view economic circumstances to be a proper hardship. 2. The City Engineer is recommending the provision of an additional 7 feet of right-of-way along Zachary Lane as a condition of the approval of this action. It would be necessary for that additional right-of-way to be handled by easement rather than the preferable method of (platted) dedication. 3. We find, upon the advice of the Engineering Division, that the use of 50th 1/2 Place North as public street access to the proposed easterly parcel is not feasible and that shared access to Zachary Lane --conditioned on the property cross easements --is acceptable. The use of 50th 1/2 Place is artificial in that, if it is not needed/desired as a physically constructed street, it should be vacated. The right-of-way (half street) was platted with the subdivision to the south. The request is altered somewhat, therefore: if 50 1/2 Place is vacated as it should be, it cannot serve as frontage (vs. access) for the proposed lot that does not abut Zachary Lane. That lack renders a waiver of the platting procedure requirement unavailable (the Code requires compliance with all standards in order to waive the platting requirement), unless a variance from the frontage standard is granted. Thus, the Subdivision Code variance standards should be considered if the inclination is to allow the waiver. 4. The physical division of property that is proposed is perhaps, then, technically responsive to both the Zoning Ordinance and the Subdivision Ordinance, except with respect to the platting waiver method proposed. We do not find an unnecessary hardship in that economic costs typically are and can be here recovered through the sale of the new parcel. see next page) Page Three File 89027 RECOMMENDATION: I hereby recommend that the application to waive the Subdivision Code Provision prohibiting conveyance of property by metes and bounds (Subdivision waiver) be denied. The variance as to street frontage has merit, but should be applied to a platted lot. I have attached both finding in support of the denial recommendation and conditions to be attached to an approval recommendation. „ _ Submitted by: ATTACHMENTS: Charles E. Dillerud, Community Development Coordinator 1. Recommended Finding in Support of Denial of Subdivision Waiver 2. Recommended Conditions to Approval of Subdivision Waiver 3. Engineer's Memo 4. Location Map 5. Sketch of Proposed Division 6. Petitioner's Letter of June 26, 1989 7. Staff Letter of May 8, 1989 8. Section 500.43 of the Plymouth City Code pc/cd/89027:dl) RECOMMENDED FINDING FOR PLANNING COMMISSION DENYING SUBDIVISION WAIVER FOR BEN ROGGEMAN, JR. (89027) 1. The applicant has not demonstrated an unnecessary hardship consistent with the requirements of Section 500.43, Subdivision 1 of the Plymouth City Code. 2. Costs of development can be recovered with the sale of the new parcel. 3. The petitioner should submit an application for preliminary plat and variance as to public street frontage; the waiver fee may be applied as a credit against the required fees. RECOMMENDED CONDITIONS FOR PLANNING COMMISSION APPROVING SUBDIVISION WAIVER AND VARIANCE FOR BEN ROGGEMAN, JR. (89027) 1. No Building Permits shall be issued to the west parcel until a contract has been awarded for the construction of municipal sewer and water to serve that parcel. 2. Approval includes a variance from the ordinance requirement for frontage onto a dedicated public street based upon the findings that 50 1/2 Place North is not needed or desired as a full public street as contemplated when the current half width right-of-way was dedicated; 50 1/2 Place North should be vacated; and adequate street access via private drive onto Zachary Lane has been proposed. No other variances from the provisions of the Subdivision Code or from the Zoning Ordinance are hereby approved or implied. 3. Submission of required roadway, utility, and drainage easements, as approved by the City Engineer, prior to submittal of the waiver resolution to Hennepin County. 4. No Building Permit shall be issued until the Subdivision Code waiver resolution is filed with Hennepin County. 5. Submission of private joint driveway and access easements for approval by the City Attorney prior to submittal of the waiver resolution to Hennepin County. 6. The petitioner shall request vacation of 50 1/2 Place North right-of-way prior to submittal of the waiver resolution to the County. 7. Payment of park dedication fees -in -lieu of land dedication in accordance with the Park Dedication Policy. The fee for the parcel with the existing home shall be paid prior to filing the waiver resolution. The fee for the vacant parcel shall be paid at the time a Building Permit is issued. The fee amount shall be per the Policy in effect at those times. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: September 6, 1989 FILE NO.: 89027 PETITIONER: Lily Roggeman, 5030 Zachary Lane, Plymouth, Mn. 55442 LOT DIVISION/CONSOLIDATION: PARCEL 12-118-22-23-0003 LOCATION: East of Zachary Lane, south of Schmidt Lake Road, north of 50th Avenue in the northwest one quarter of Section 12. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division/Consolidation approval: 4. Area assessments: Sanitary sewer area assessment $889.16. Water area assessment S1,597,38, The owner has waived the right to special assessment hearings. 5. Other additional assessments estimated: Sanitary sewer lateral 91-885,40, Water lateral S5.500, The owner has waived the right to gap -Q al assessment hearings for these assessments LEGAL/EASEMENTS/PERMTTS: 6. _ _ _g_ Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) N/A Yes No 7. X — B. X — — 9. —X- 10. --X 11. — _ X 12. --X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. Conforms with City policy regarding minimum basement elevations Minimum basement elevations must be established for the following lots: All standard utility easements required for construction The following easements will be required for construction of utilities All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 50 1/2 Place North is only half a street I recommend this street be vacated if the lot division is approved The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. All existing street rights-of-way are required width - Additional right-of-way will be required on An additional 7 feet of right-of-way will be required for Zachary Lane. 2 SPECIAL CONDITIONS REQUIRED: 13. A. The owner is responsible for the installation and cost of the watermain services from the watermain on Zachary Lane to the property line and from the property line to the homes. B. Cross easements will be required for the driveway, water service and sanitary sewer service. C. The existing driveway shall be used for both parcels. No new access to Zachary Lane shall be allowed. Submitted by: 3 Daniel L. Faulkner, P. E. City Engineer J ' n 0 a I Oro min K: NM- I FA m iz A August 14, 1989 Mr. Charles E. Dillerud Community Development Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Proposed Lot Division - 5030 Zachary Dear Mr. Dillerud: AUG II ciT a L .;-Ll E Lan(:(89027) In reply to your letter dated July 28, 1989, we have worked out the sewer issues with Mr. Dan Faulkner. I am forwarding this date, Waiver of Assessment Hearing, directly to Mr. Faulkner's attention, with the understanding this document is not enforceable until he receives a re- cordable 20 foot sewer easement from Graham Development. Our mother, Lily Roggeman, has lived on her present site and at 5100 Zachary Lane the past 53 years and would like to continue to do so. Therefore, she elects to subdivide her lot and requests a waiver of compliance with Subdivision Regulations to allow conveyance of the property by metes and bounds because platting would create a financial hardship. Her only income is Social Security Benefits of less than 630.00 per month with no additional income. Her real estate taxes, her largest expense, are $1,250.96 per year. She sets aside each month 104.00 towards this expense leaving her with a balance of $526.00 to pay the remainder of all her living expenses. Mother is aware the city will require her to hook up to the sanitary sewer, which has recently been installed in Zachary Heights, adjacent to her property, within two years. In order for her to pay for this expense, she desires to split her lot and sell the West portion and bring in sewer and water, her well is 20 years old) to both sites and pay for all expenses from the sale of lot proceeds. As you can see by the survey, the legal description is not a difficult one. This split constitutes one addi- tional lot. Per my telephone conversation with Mr. Jim Willes on July 26, 1989, he stated he would recommend this division to the city council based on the fact there is only one lot that is being created. The extra costs and time involved to plat two lots is much greater than obtaining an attorney to provide the city with recordable easements for right-of-way dedication involved with Zachary Lane. We are willing to provide all necessary recordable easements required by the City of Plymouth. Please continue with processing our application to create two lots by waiver of the Subdivision Ordianance--resulting in metes and bounds descriptions. We would appreciate a response from you as soon as possible. Sincerely, The Children of Lily Roggeman Ben Roggeman Karen Clare Sharen Johnson June 26, 1989 Mr. Charles E. Dillerud Cm u unity Development Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Subject: Proposed Lot Division 5030 Zachary Lane (89027)' Dear Mr. Dillerud: JU-N 281989 Ci T v OF PLYMOUTH CONUN41 Y DEvaopmENT DEPT. In referenced to your letter dated May 8, 1989, we are requesting the Development Review Committee to reconsider a lot split approval with access use of the present driveway and not 50-1/2 Avenue North. The Roggeman home on the present site was built in 1968-1969. The first proposed survey submitted to the City of Plymouth located the house closer to the north lot line. The City requested the location of the house closer to the lot line on the south. We were advised by the City of Plymouth they had decided 50-1/2 Avenue North was too dangerous of an access onto Zachary Lane and the street served no purpose whatsoever. Therefore the City was going to vacate said street. The City also made reference that the present Roggeman driveway would most likely be used as future street, if the land was subdivided, because it had a much better access from Zachary Lane. I have attached a copy of the final proposed site survey submitted to the City by Dickman Knutson of McCombs Knutson Associates, Inc., dated December 7, 1968, where he noted the proposed vacation of the street. The following are a number of reasons why we feel strongly 50-1/2 Avenue should not be considered as an access to both of the resulting parcels. 1. The approach of 50-1/2 Avenue onto Zachary Lane is extremely dangerous. In a span of 15 feet, Zachary Lane drops two (2) feet. 50-1/2 Avenue is right in the middle of the hill. 2. There is 250 feet from the entrance of 50th Avenue to 50-1/2 Avenue. Because of the grade of the hill, you cannot see 50-1/2 Avenue from 50th Street. The speed limit is 40 miles per hall and with the grade of the hill you just can't see the approaching cars far enough in advance before your able to pull out onto either north or south lanes of Zachary. Remember, this hill is very steep and most cars are traveling 50 miles per hour before they reach the present Roggeman driveway, bottom of hill, which is 450 feet from 50th Avenue. In the winter months, the grade level prevents many cars from making the hill on slippery or snowy days. It would even be more difficult approaching it from the middle of the hill. 3. Please note the heavy traffic flow during the times we noted on the following clear Jute days. We are only taking a count of the number of cars going either north or south, not BOTH directions during the time span indicated. Wednesday, June 14, 1989 Going South on Zachary Lane 7:00 to 7:15 a.m. 166 cars Going North on Zachary Lane 5:30 to 5:45 p.m. 130 cars Thursday, June 15, 1989 Going South on Zachary Lane 7:30 to 7:45 a.m. 170 cars Going North on Zachary Lane 5:30 to 5:45 p.m. 132 cars Friday, June 16, 1989 Going South on Zachary Lane 7:15 to 7:30 a.m. 162 cars Going North on Zachary Lane 4:30 to 4:45 p.m. 119 cars Nur. Charles E. Dillerud Page 2 June 26, 1989 How would you like to attest to enter onto Zachary Lane from a blind approach with this heavy traffic flow? 4. We have discussed 50-1/2 Avenue with the neighbors (2) whose back or side yards abutt up to this street and it would serve no purpose to either one of them because of the extremely high drop off from their yards. There is no way any vehicle could approach their properties from 50-1/2 Avenue. 5. If this street was built, there would be no other street for it to connect to. If cars came down said street, where would they even turn around? 6. The only attractive view for the homeowner to situate a home on the propose vacant lot would be facing the north. If said house could be facing south, they would be viewing the etwknent. 7. If the present Roggeman driveway is used for the two parcels of land, an easement would be granted for driveway purposes. Note: there has been a driveway easement granted to the parties on the original Roggeman homestead site (north) for many years with not one problem. Has anyone come out to the site from the City of Plymouth? If you have, there should be no question in your mind regarding the use of 50-1/2 Avenue as an access to the two parcels of land. Our mother, Lily Roggeman, fee owner, is a senior citizen on a fixed income (social security) and she is aware there may be a proposed improvement for upgrading Zachary lane in the near future. It would be an extreme hardship on her financially considering she has approxi- mately 152 feet on Zachary Lane. She requests this split approval so she is able to bring in the water and sewer to her site as well as the vacant proposed lot and pay for said improvements and the cost of splitting said lot from the proceeds of the sale of the future vacant lot sale. She desires this work to be done now, because the cost for bringing in these improvement would be Hoch greater after the lots and streets have been fully developed surrounding her property. Would the City of Plymouth take into consideration all of the above concerns regarding proposed access to 50-1/2 Avenue and approve the split based'on access from the present Roggeman driveway. Sincerely, The Children of Lily Roggeman kvc2/?6ry ew/Z Ben Roggeman Karen Clare Sharen Johnson Enclosures: Photos of site Drawing of sites Copy of survey -1968 . t Me AmcIATES , IKC. w,7_4) C rG SUITI«c tNOINcc t t-r Q Wo lu4YtY641 SI?c 9u%«14cts 10601 OLIO« Hwy.- MPLI.) MINN. 55417 6 No. Male U.- Nu4chiesae) Minn• SS3Sb qurvau For: BEN. H. ROGGEVIAN .' 3.01 319.48 51.91 o¢ , 951.11 J e/ Porck til v 03 Ln J i v 3 6.b8 1 Z s+teat 955A! Q (9563) (to be 1 N r-50' 965.9j ----•203.4 319 b8.._._._.... South Ur -A of North 112 of SW V4 of NW. 114 of5et. It, T 118 N, R UW 94Ui z 951.11 e/ Porck v n Ln i 6.b8 051.81 955A! S -J n 951.8) - (9547) Denotes Iron Nvwme4 1001 Deno+es ExA.Skin9 E1. I hereby certify that this is a true and correct representation of a survey of the boundaries of: The '"gest 319.58 feet of the South 152.00 feet of the North One Half of the Southwest Quarter of the Northwest Quarter of Section 12, Township 118, Range 22, Hennepin County, Minnesota, subject to an easement for roadway purposes over and across the Westerly 33.00 feet thereof. nd of -the location of all buildings, .if any, thereon, and all vis- ible encroachments, if any, from or on said land. It also shows the location of a proposed building but no stakes have been set for such location. As surveyed by me this 7th day of December, 1968. Land Surveyor, Minn. Reg. No. 7979 iw p July 28, 1989 CITY C PUMOUTR Mr. Ben Roggeman, Jr. 5030 Zachary Lane North Plymouth, MN 55442 SUBJECT: PROPOSED LOT DIVISION - 5030 ZACHARY LANE (89027) Dear Mr. Roggeman: This shall be a follow up to my letter of May 8, 1989, and response to the letter of Karen Clare dated June 26, 1989. This will also acknowledge several telephone calls with various members of the City staff by Ms. Clare since June 26. I have talked with the City Engineer, Dan Faulkner, regarding the need for the construction of 50 1/2th Avenue North. He has indicated that he now does not feel that it will be necessary to construct 50 1/2th Avenue North as a public street to serve the two lots that are proposed to be created. Dan Faulkner indicates that he has talked with Karen Clare regarding sewer issues as well. I continue to have concern with respect to the present application to create two lots by waiver of the Subdivision Ordinance --resulting in metes and bounds descriptions. As I have indicated previously, I cannot refuse to accept your application to waive the Subdivision Ordinance, but I cannot recommend that procedure either. It is certainly much preferable to plat two lots -- particularly since there will be right-of-way dedication involved with Zachary Lane. Please advise me, at your earliest possible convenience, as to what you are now intending to do with respect to this proposal. I do not intend proceed until I have heard from you in writing with regard to both the Subdivision waiver issue, and whether the sewer service assessment matters that have been discussed with Dan Faulkner are currently understood by you, and will not become an impediment to the division that you now propose. Should you have any questions concerning these matters, please do not hesitate to contact me. Sincerely, Ch s Dillerud Community Development Coordinator dre/cd/89027:dl) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF PLYMOUTFF May 8, 1989 Mr. Ben Roggeman, Jr. 5030 Zachary Lane North Plymouth, MN 55442 SUBJECT: Proposed Lot Division - 5030 Zachary Lane (89027) Dear Mr. Roggemann: At its meeting on April 25, 1989, the Development Review Committee considered the captioned application. As a result of that meeting and subsequent review by members of the city staff, we offer the following comments concerning the subject proposal: 1. The Plymouth City Code with respect to Subdivisions is enclosed. Because the subject property is unplatted, a relatively simple lot division bySection500.37 of the City Code is not possible. We strongly recommend that you direct your Engineer to properly plat the property, consistent with the proper provisions of the Subdivision Ordinance. You may request a waiver of compliance with Subdivision Regulations to allow conveyance of the property by metes and bounds if platting will create an unnecessary hardship. Please refer to Section 500.43 of the enclosed Subdivision Regulations. We fail to see how a hardship could be established, but we can entertain such an application together with a complete description of what hardship would result if the Subdivision Regulations were not followed as we suggest. 2. Regardless of the method you propose to use for the division of this property, we do not concur that use of the 50-1/2 Place North right-of-way foraccesstobothoftheresultingparcelsisphysicallyimpossible. The topographic data supplied by your Engineer does not extend into the 50-1/2 Place North right-of-way, but city topographic maps appear to indicate that the right-of-way area has been previously graded for potential use as a street. Dedication of additional right-of-way and the construction of a roadway to serve the two proposed lots does not appear to be out of the question. It is recommended by staff due to the Thoroughfare status of Zachary Lane. 3. At such time as a division is approved for this parcel, an additional park dedication fee of $825 will be required to cover the new lot created prior to the release of the Approval Resolution for recording withHennepinCounty. 3400 PLYMIOUTH BOULFVARD Pf YkAC !TN MINNESOTA 95447 TF1 FpHn Jr t Mr. Ben Roggeman Page Two May 8, 1989 Processing of your application will be on hold until such time as you advise us whether you intend to process a standard preliminary plat (as we recommend) or you intend to apply to the City Council for a waiver of the subdivision rules. Sincerely yours, AA aes illerud Community Development Coordinator Enclosure corres: dre/cd/89027) Plymouth City Code 500.39 evations a 11 surve ed in connecti wi applications for waivers of the provisions of Minnesota Statutes, Section 462. , Subdivision 4, or for division or consolidation of lots or tracts as provide 'n Section 500.37 shall show thereon sea level elevations at 50 foot intervals. 500.41. Va 'ances. Subdivision 1. General Conditions. The Planning Commission may r ommend a variance from the provisions of this Section as to specific propertie when, in its judgement, an unusual hardship on the land exists. In granting variance, the Commission may prescribe conditions that it deems necessary or sirable in the public interest. In making its find- ings, as required below, he Commission shall consider the nature of the pro- posed use of the land and a existing use of land in the vicinity, the number of persons to reside or work n the proposed subdivision, and the probable effect of the proposed subdivi on upon traffic conditions in the vicinity. No variance shall be granted unl the Commission finds: a) That there are special circ stances or conditions affecting the specific property such thatstrict application of the provisions of this Section would deprive a applicant of the reasonable use of the land, b) That the variance is necessary fora preservation and enjoyment of a substantial property right of thea Iicant. c) That the granting of the variance will n be detrimental to the public welfare or injurious to other proper in the territory in which the property is located. The Commission findings in granting or denying a variance 1 -be in writing and filed with the City Clerk. _ Subd. 2. Application Required. Applications for any var nce under this Subsection shall be submitted in writing by the owner or subdiv er at the time the preliminary plat is filed for consideration by the Planning mmission, and shall state all facts relied upon by the applicant, and shall be pplemented with maps, plans or other additional data which may aid the Commis on in the analysis of the proposed project. The plans for such development s 11 include such covenants, restrictions or other legal provisions necessary to g arantee the full achievement of the plan for the proposed project. 500.43. Compliance; Waivers; Building Permits. Subdivision 1. Conve a e of Land. Any person who conveys land by metes and bounds or by reference to n unapproved plat or registered land survey in violation of the provisions o Minnesota Statutes, Section 462.358, Subdivision 4 is Subd. 2. Waiver of Compliance. In any case where compliance with the provisions of Minnesota Statutes, Section 462.358, Subdivision 4 will create an unnecessary hardship and failure to comply will not interfere with the purpose of this Section, the City Council may by resolution waive compliance with this Subsection, provided, however, that the proposed conveyance has been reviewed by the Planning Commission and the Commission has found that it complies with all provisions of this Section. c t CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE August 25, 1989 COMMISSION MEETING DATE: September 13, 1989 FILE NO.: 89071 PETITIONER: Paul & Gladys Kariniemi REQUEST: Lot Division and Variance From the Zoning Ordinance Pertaining to the Lot Width of the Southerly Parcel. Proposed is 90 Feet Versus the Ordinance Minimum 110 Feet. LOCATION: 508 Pineview Lane GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: There have been no previous planning applications involving this property. Property owners within 100 feet have been notified of this public meeting. PRIMARY ISSUES AND ANALYSIS: 1. The Planning Commission may recommend a variance from the provisions of the Zoning Ordinance as to specific properties when, in its judgement, the 6 standards of the Zoning Ordinance have been met. A copy of those standards together with the applicant's response are attached. 2. The lot division complies with the minimum lot size requirements of 23,100 square feet and 52,900 square feet versus the Ordinance minimum 18,500 square feet. 3. The physical constraints analysis identifies that the property is located within the Bassett Creek Drainage District. The site is located within the Shoreland Management Area but does not contain any wetlands. The site contains some major woodlands and slopes in excess of 12 percent. The soils appear suitable for urban capability with public sewers. PLANNING STAFF COMMENTS: 1. The division of platted property is responsive to Section 500.37 of the City Code and meets all submission requirements. see next page) Page Two File 89071 2. We find basis for a variance to the Zoning Ordinance to permit one parcel with a 90 foot street frontage. The existing shape of the parcel in relation to its area (76,000 square feet) creates a reasonably unique circumstance, not found with the majority of Plymouth parcels. 3. While income potential may be the desire behind the variance request, there will beug blic economies that would result to partially offset personal gain to the applicant. 4. The proposed variance should not be detrimental to the public welfare, diminish property values in the neighborhood or contribute to congestion on public streets. RECOMMENDATION: I recommend approval of this application to divide platted property, including a variance from the Zoning Ordinance to permit a lot width on Parcel B of 90 feet. Submitted by: Char es E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Recommended Conditions of Approval 2. Engineer's Memo 3. Petitioner's Narrative 4. Variance Criteria 5. Location Map 6. Large Plans pc/cd/89071:dl) RECOMMENDED CONDITIONS FOR PLANNING COMMISSION SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND REGARDING LOT DIVISION/CONSOLIDATION FOR PAUL AND GLADYS KARINIEMI (89071) 1. Variance is approved by lot width of 90 feet on Parcel B based on compliance with variance standards. 2. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 3. No Building Permit to be issued on Parcel B until the lot division/consolidation is filed with Hennepin County. 4. Submittal of all necessary utility easements prior to filing lot division/consolidation with Hennepin County. 5. Payment of Park Dedication Fees consistent with the Park Dedication Policy prior to filing lot division/consolidation with Hennepin County. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: September 6, 1989 FILE NO.: 89071 PETITIONER: Mr. and Mrs. Paul Kariniami, 508 Pineview Lane, Plymouth, Mn. 55441 LOT DIVISION/CONSOLIDATION:LOT 19 BLOCK 2 WILSHIRE GARDENS, HENNEPIN COUNTY, MN. LOCATION: South of 6th Avenue, east of Pineview Lane in the southwest one quarter of Section 35. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. _X._ Sanitary sewer area assessments have been levied based on proposed use. 3. _ x SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division/Consolidation approval: 4. Area assessments: None. 5. Other additional assessments estimated: None. 6. _ _ X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) N/A Yes No 7. X — Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. g, X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: 9. X All standard utility easements required for construction The following easements will be required for construction of utilities 10. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 12. X All existing street rights-of-way are required width - Additional right-of-way will be required on 13. A. The developer shall be responsible for the construction of the sanitary sewer and water services from the main lines to serve the new parcel. B. Because of the length required for the sanitary sewer and water service, the water service shall be 1 1/2". The sanitary sewer shall be 6" with cleanouts every 100 feet C. 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F A i .l)l liauisl*t10)6 l,,i7r4 4k- WLr 7 3 1; icy/ 57 7 C 6'ES-Io,J pRoPF( Moe[ o i c6Z sE- 54E 6p lj eUGLIC 5Mr-rer ZDN I v G 0 RW NAN(-oE- VAKI NW 67NW D A R D5 1) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land Involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, If the strict letter of the regulations were to be carried out. 2) That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance Is sought and are not applicable, generally, to other property within the same zon- ing classification. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4) That the alleged difficulty or hardship Is caused by this Ordinance and has not been created by any persons presently having an interest In the parcel of land. 5) That the granting of the variation will not be detrimental to the public welfare or Injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the con- gestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 63) 114 1. zr 1 20) N 09.24,M E 27) 12 ma 1.219 1 1.S o'- 4 28) n 2 4A., f'r 32.60' X344 401 45.0+ s o 29 ) 1 1.Sg 7( fige. 82 see tH AVE. N. o 11 TrQ RRi 410 0 sill 20 30) ( ) ISS 01 _ .••• 2) lon -1l (, y c 12 ma 1.219 1 1.S o'- 4) n 2J• n 45.0+ 392.06 113 D 10) 33 sso•zrsl• 60• 4 1 11 ! • Meg' 21. . 325, 5) A t) 1 17) 1 T 2) lon -1l (, 26) 7 ( 35) 1 6 ( 34) s v 23) - 22) i 2 14) a - A 6) \ • +0 `(2)' a (t) 13 12 11 (3)' R • . 2• ^ may, ,. 43100.2 :4 Is.e j 4) n 2J• 392.06 113 D 33 r sso•zrsl• 1' {' 17) - t8) a 1 3) R 2 ) 2 czS ro5 saT S• Q S O w5) ZT r.7 - 36.89 10• ie 14 o S\ IT. 67 \1 _ , _ a II ° 1 if.7d 40 i:5•p%10'E R'293. ,6' pp•i5. 81.7E e 11) l 26) 7 ( 35) 1 6 ( 34) s v 23) - 22) i 2 14) a - A 6) \ • +0 `(2)' a (t) 13 12 11 (3)' R • . 2• ^ may, ,. 43100.2 :4 Is.e j CERTIFICATE OF SURVEY FOR: PAUL KARINIEMI e zol.00 r 9r Ndtillty Y Nsee"nt 5 el JIm J, o o I I PARCEL— ED i A ( l5 l 0 VV I I 0 N C ST,NG `a lJNE1 1 . JmF+o u s E I I tD 14 I u) cp 3 o. 10.00 C, I.P. z—Q ScaUs 10 - 401 c Denotes 1/2" O Iron Pipe Set e Denotes iron monument found NOTE: NO GRADING PROPOSED,TO BE ' DONE IN CONJUNCTION WITH NEW HOUSE CONSTRUCTION. J SVCP Sqn, MN53obv9SM+9151.-71 irAV-974.1 [e DJIC{'1.11` ri1 i( PINEVIEW LANE N Gu!c UD Joe 31 1989 PARCEL A CITY OF PLYMOUTH COMMUN11 DEVELOPMENT DEPT The North 110.00 feet of the West 210.00 feet of Lot 19, Block 2, WILSHIRE GARDENS, Hennepin County, Minnesota. Said parcel contains 0.53 acres, more or less. PARCEL .b Lot 19, Block 2, WILSHIRE GARDSENS, Hennepin County, Minnesota, except the North 110.00 feet of the West 210.00 feet. Said parcel contains I1.21 acres, more or less. We hereby artlfy that this It a true and cornet rprwntation of a survey of M EM 1A 8401 73rd Ave. No., Suite 63 the boundaries of the above deaeAbad land "of site location of all bulldinmt, Brooklyn Park, MN 55428.1293 If any, themort and MI visible encroachment% Nary, from or on ask! land. Telephone (612) 533.7595 c ASSOCIATES Fax (612) 533.1937 alxveyed b r~ day w TuiJ 6 tm , r Tn r 4,.- Mktn. RW No. ENGINEERING SURVEYING PLANNING bb No. - 4;9 /07 Book - hp 5.$ CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE August 25, 1989 COMMISSION MEETING DATE: September 13, 1989 FILE NO.: 89070 PETITIONER: Hazelden Pioneer House - Mike Schiks, Program Director REQUEST: Site Plan and Conditional Use Permit Amendment LOCATION: 11505 36th Avenue North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: By Resolution 75-678, the City Council on December 1, 1975, approved a Site Plan and Conditional Use Permit for Pioneer House Chemical Dependency Treatment Facility for Union City Mission at the subject location. By Resolution 83-93, the City Council on February 22, 1983, approved a Site Plan and Conditional Use Permit amendment for the construction of a two -car garage at the Hazelden Pioneer House. 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. The Site Plan amendment is to expand the existing Pioneer House to include a new lecture hall, new detoxification facility, and amusement center. The total structure added will be 10,000 square feet in two phases. In addition the petitioner proposed to add 59 new off street parking spaces to compliment 56 existing spaces. 2. The Conditional Use Permit amendment is for the addition of an 11 bed medical service unit" (four of which are proposed to be licensed for detoxification); a 7 bed increase in the "evaluation" component; and an increase in office/meeting room area. The applicant has submitted a description of the proposed uses (attached). see next page) Page Two File 89070 3. Before any Conditional Use Permit amendment may be granted, the Planning Commission shall review the request for compliance with the Conditional Use Permit standards set forth in Section 9, Subdivision A 2a of the Zoning Ordinance. The applicant has submitted narrative response to those standards. 4. The amended Site Plan and Conditional Use Permit are in compliance with all provisions of the City of Plymouth Policy Manual and Zoning Ordinance with respect to structure dimensions; setbacks; parking design; landscaping; of waste material storage enclosure and roof top equipment; none proposed) and is responsive to the various elements of the Comprehensive Plan. 5. The physical constraints analysis identifies this property to be located within the Bassett Creek Drainage District. The site is located within the Shoreland Management District but contains no wetlands. The site contains some major woodlands and severe slopes in excess of 12 percent. The soils appear suitable for urban capability with public sewers, and the site design acknowledges the observed development constraints. PLANNING STAFF COMMENTS: 1. The proposed amended Site Plan meets all City of Plymouth policies, codes and ordinances. 2. The Conditional Use Permit amendment involves no significant change to the operation of the structure. The Conditional Use Permit criteria are met. The 14 -acre site provides substantial buffering from any use impacts to surrounding property. 3. There is no City record of verified complaints or code violations. RECOMMENDATION: I hereby recommend approval of the amended Site Plan and Conditional Use Permit. The attached draft resolution provides for that approval, subject to conditions that aDDIv. _ Submitted by: l 'W-ga 1 Q'-A Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Draft Resolution Approving Amended 2. Engineer's Memorandum 3. Conditional Use Permit Criteria 4. City Council Resolutions 75-678 and 5. Location Map 6. Petitioner's Correspondence 7. Large Plans pc/cd/89070:dl) Site Plan and Conditional Use Permit 83-93 RECOMMENDED CONDITIONS FOR PLANNING COMMISSION APPROVING AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR HAZELDEN PIONEER HOUSE (89070) 1. Provisions for a 20 -foot wide trail easement along 36th Avenue North as verified by the Parks and Engineering Departments. 2. 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. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any signage shall be in compliance with the Ordinance. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. All waste and waste containers shall be stored within the enclosure, and no outside storage is permitted. 7. 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. 8. Specific Conditional Use Permit approval hereby granted is for an 11 -bed medical service unit"; an additional 7 beds of "evaluation"; and offices/meeting areas, totalling 10,000 square feet added. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: September 6, 1989 FILE NO.: 89070 PETITIONER: Mr. Mike Schiks, Program Director, Hazelden Pioneer House, 11505 36th Ave. N., Plymouth, MN. 55441-2398 SITE PLAN: ADDITION TO HAZELDEN PIONEER HOUSE LOCATION: South of 36th Ave., west of Zachary Lane in the northeast one quarter of Section 23. ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. _ X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None. 5. Other additional assessments estimated: None. LEGAL/EASEMENTS/PERMITS: 6. _ X _ Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. N/A Yes No 7. _ - X 8. _ X _ 9. _ X 10. X _ 11. _. - X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) The six foot drainage and utility easement will be required along the west proRerty line and a ten foot drainage and utility easement will be required adjacent to 36th Avenue 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. All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department 13. _ X _ Complies with Storm Drainage Plan - Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other 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. Post indicator valve and Fire Department connection are existing. 3- N/A Yes No 17. X 18. X 19. X _ 20. _ X 21. _ 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. 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. Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and All existing street right-of-ways are required width - Additional right-of-way will be required on Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. X Curb and gutter provided - The City requires B-612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B-612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. _ X _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one-half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARDS: N/A Yes No 24. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right-of-way. All connections to the water system shall be via wet tap. 25. _ X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As-Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Items 7 11 and Special Conditions. 5- SPECIAL CONDITIONS REQUIRED: 27. A. The proposed addition on the south side of existing building is proposed to be constructed over the existing sanitary sewer service. A detailed plan shall be provided with the building construction plans showing how this sewer is to be protected. B. A minimum of six inches of class five 100% crushed quarry rock shall be used as base under the fire lane. C. The following conditions must be met to meet Bassett Creek Conditions: 1. The storm sewer located on the east side of the site shown on sheet A-1 must be extended to be pond and must discharge at the normal water elevation of the pond. 2. Silt fence or property installed hay bales must be installed around all catch basin inlets on site. 4- Submitted by: zLCE'/d1 Daniel L. Faulkner, P. E. City Engineer 1 CONDITIONAL USE PERMIT STANDARDS FROM SECTION 9, SUBDIVISION A OF THE PLYMOUTH ZONING ORDINANCE 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 5) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located. Pursuant to An call and notice thereof, a 2pecial meeting of the City Council of the City of Plymouth, Minnesota, was held on the ZZIM day of February . 1%3. The following members were present: Mayor Daven20r ouncilmembe—r o nn, Neils_ SShngidg and Threinen The foLLowina members were absents one ata •a• - . Councilmember Neils introduced the following Resolution and moved its on: RESOLUTION NO. 83-93 APPROVING CONDITIONAL USE PERMIT AMENDMENT FOR BRAD CHAZIN FOR HAIFLDON PIONEER NOIISE A-643) WHEREAS, the City Council approved a Conditional Ilse Permit and Site Plan through Resolution No. 75-678; arid, WHEREAS, Brad Chazin has requested approval of a Conditional Ilse Permit Amendment to construct a double garage at the Hazeldon Pioneer House located dt 11505 36th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and has recommended approval; NOW, THEREFORE, BE IT HEREBY RESOLVED PY THE CITY COIINCIL OF THE CITY OF PLYMOIITH, MINNESOTA, that it should and hereby does approve the reouest of Arad Chazin for a Conditional Use Permit Amendment for Hazeldon Pioneer Nouse to construct a douhle garage at 11505 36th Avenue North subject to the followino canditions: 1. The permit is subject to all applicable codes, regulations and Ordinances. 2. The site shall be maintained in a sanitary manner.. 3. Compliance with original Conditional Ilse Permit and Site Plan approved as stated In Resolution No. 75-678. The'ootion for adoption of the foregoing Resolution was duly seconded by Councilmember Moen , and upon vote beinq taken t err;on , the- following he0owngvotednfavorthereof: a_yor avenport, Councilmembers Moen, Neils, Schneider and Threinen The following voted against or abstained: None Whereupon the Resolution was declared duly passe an a pte dsk2B CITY OF 'PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth. Minnesota, was hod iFe 1st day of December , 19 75 . The following members were present: ng mewers were aosent: Councilman Neils introduced the following Resolution and moved is adoption: - _ RESOLUTION 115-678 APPROVING CONDITIOWki. USE PERMIT AND SITE PLAN FOR PIONEER HOUSE CHEMICAL DEPENDENCY TREATMENT FACILITY FOR UNION CITY MISSION (A-643) WHEREAS, Union City Mission has requested a conditional use permit and site p';an approval for "Pioneer House" a chemical dependency treatment face 1 i ty; and. WHEREAS. the City Planning Commission has reviewed said requests and recommends their approval; NOW, THEREFORE. BE iT HERESY RESOLVED BY THE CITY LOUNCIL OF THE CITY OF0PLYNAUTH, MiNnES01A that it should and hereby does approve the requests of Union City Mission for a conditimal use permit and site plan for Pioneer House", a chemical dependency treatment facility, subject to the following conditions: 1) Fire lanes and firt hydrants as per Fire Chief recoor!endations, i.e. a fire land around the building's perimeter and hydrants every 300 feet along a looped line as per the Fire Chief's recommendations. 2) Additional road ROW along 36th Avenue North and Zachary Lane. This would arount to 7 feet of additional ROW along 36th Avenue North to provide a total roadway ROW width of 80 feet for this street. Additional ROW along Zachary lane would amount to 17 feet for the first 500 feet south of 36th Avenue North and 7 feet of ROW for the remainder. 3i One identification (or na.-* plate) sign to comply with City Ordinance as per setbacks (20 feet from property line) and not to exceed 32 square feet in area. 4) A 30 foot wide trail easenent along the west side of Zachary Lane to extend from Kedicine lake to 36th Avenue Korth. This trail easement would link up with the Mission Trails plat to the north. 5) Funding and drainagt easements as per the City Engineer, ice. a.• ' t_ Rs:otutio, 1W. 7S-678 Pap t bYThegotiohfortheadoptionofthefo•egoing Resolution was duly seconded ncile n Spaeth. and upon vote being taken thereon. the Cou o nc lr vot n favorthereof.-' Mayor Hilde CounCilwen Hunt Me"s and S etfi o ng vo a aga Cor abstained: one TheWhereupon the Resolution was declared duly passa and a Opted. t 1 a N N. 0 ARMSTRONG SENIOR N H I G H SCHOOL 1 HAZELDEN PIONEER HOUSE - SUMMARY OF SERVICES Physical Characteristics Hazelden Pioneer House (HPH) is located on 14 acres near the north shore of Medicine Lake. It is nestled between French Park (western boundary) and the Union City Mission property (eastern & southern boundaries). Due to the wooded nature of its northern boundary, the HPH building is totally screened from the adjacent residential area. The building itself was built in 1977 with a natural cedar exterior. Modern, attractive architecture and well maintained grounds blend in with the scenic community. This is in accordance with the Hazelden philosophy that providing quality rehabilitation services begins with the environment. Currently HPH accommodates 64 residents in its two separate units. Licensing HPH is licensed as a Rule 35/Category 2 program by the Minnesota Department of Human Services. It is also licensed by the Minnesota Health Department as a Supervised Living Facility - B. Annual inspections by the State Fire Marshal and the Plymouth Fire Inspector verify HPH meets or surpasses all fire and safety requirements. The building itself is fully sprinkled with an automatic fire alarm system that ties in directly to the f ire department. Besides the state and community mandated inspections, HPH initiates and submits to survey by both the Joint Commission of Accreditation of Health Organizations and the Commission on Accreditation of Rehabilitation Facilities. Both are nationally recognized accreditation groups for health care agencies such as ours. Both have rigorous standards for physical plant and environment, as well as clinical policy and procedure. Target Population HPH is nationally and increasingly internationally known for helping young people with alcohol and drug abuse problems. The program is geared specifically to youth. The vast majority of young people are private referrals from parents or professionals. HPH provides a secure environment in which young people can change. Indeed, many parents have expressed that they referred their child to HPH because of its successful reputation for providing quality rehab services within a safe, respectful environment. Under 79 are referred by a county or court. Page 2 Part of the criteria for admission into HPH is consent to participate in the program. If an individual chooses to leave, they are transported by either their parents or HPH staff. (Clients who have left our program without our knowledge [AWOL] have averaged less than IX over a 4 -year period.) A carefully planned rehabilitation program with an intensive schedule has been designed to foster a cooperative spirit at HPH. We are not a correction or "correction type" facility. Our expectations are that a young person who comes to HPH learns to conduct themself in a responsible fashion. It is our experience that HPH youth are basically good people who have been tangled up and confused by alcohol and drugs. Description of Treatment Program The Hazelden Foundation was established in 1949 to help people with alcohol and drug problems. Hazelden is stable both as an organization and in its mission - changes are carefully planned and evaluated. Our treatment approach has been developed and ref ined over a number of years. Each component in the rehabilitation process is measured for its effectiveness through a sophisticated quality assurance system. The average length of stay for a client at HPH is 38 days. During this time each HPH client is individually assessed for his/her specific issues. They are provided basic information about changing their lifestyle and begin practicing these changes. They are introduced or reintroduced to day-to-day living without the use of alcohol and drugs. An action plan is developed for each individual before their departure from HPH. Clients are scheduled from 6:30 a.m. to 10:00 p.m. It includes lectures, groups, counseling sessions, supervised recreation, reading times, school work, etc. Approximately 80% "graduate" from the program. The others are most often referred and transported to other programs or home. HPH is staffed around the clock by well trained and dedicated personnel from various disciplines including: consulting physicians, chemical dependency counselors, nurses, family counselors, consulting psychologists, recreational specialists, chaplains, etc. We employ over 70 staff. Patients are well supervised at all times. Page 3 Community Interaction We have appreciated the support of the Plymouth community. Community support has perhaps best been demonstrated by extensive local participation in our annual "Easy Does It" 8K race. This race draws over 600 runners annually from the local area, as well as other parts of the state, and has become an annual community celebration. We greatly appreciate this community involvement and look forward to a deepening positive relationship with the Plymouth community. We have sought to share with the community some of our experience related to alcohol and drug use. An example of this is our project with Armstrong High School. For the last six years, more than 550 students each year have spent a morning at Hazelden Pioneer House. Hazelden Pioneer House clients volunteer, under supervision, to tell Armstrong students about their personal alcohol and drug problems. We believe this experience helps the youth of this community make responsible choices about alcohol and drug use. The Armstrong teachers involved with this project have told us that their students identify this experience as one of the highlights of the class. To my knowledge there has never been an incident or problem between an HPH client and a neighbor. We are committed to continuing to work cooperatively to contribute, not detract, from the community. Proposed Building Project The proposed building project is designed to meet the needs and improve the care of our current population. The nature of the program or types of clientele served will remain unchanged. Medical Service Unit An 1 1 -bed medical service unit is planned. This will be a multipurpose unit designed to meet the needs of HPH clients. Four beds in the plan will be classified through licensure as detoxification beds. This does not mean we will be creating additional community detoxificationservices These beds will be utilized by Hazelden Pioneer House only for the medical needs of our clients. Currently our procedure is to transfer clients who come to us in need of medical services such as detoxification to our Center City location (60 miles away). Here they are assessed and returned to Hazelden Pioneer House the next day. Since we Page 4 work with youth, not that many of our clients have these types of medical needs, but for those who do, we wish to spare the anxiety and discomfort of the car ride to Center City. While Union City Mission (Hazelden Pioneer House is not affiliated with the Union City Mission) also provides detoxification services in the immediate vicinity, it serves an older age group, many of whom are brought by the police. This differs significantly from our clients who are younger and who have agreed to enter a rehabilitation program. Evaluation Services As mentioned previously, HPH continues to grow in its reputation for providing effective and affordable treatment for chemically dependent youth. Professionals from around the world including the Soviet Union, Japan and many European countries have travelled here to discuss our rehabilitation program. At times we have a rather long waiting list, particularly for our evaluation services. The addition of seven more beds will help us shorten that list. Staffing will be increased to ensure proper supervision. I ncrease i n Of f i ce and Meet i ng Space The remainder of the proposed building project is designed to upgrade our current meeting rooms for families, provide additional office space for our current staff and add a large meeting room which will hold full group meetings for either clients or staff. It is envisioned that the large room could also be used for community meetings upon request. Since Hazelden acquired Pioneer House in 1981, we have nearly doubled the size of our staff (without increasing the number of beds). Many staff are sharing small offices. Currently the dining room doubles for large staff meetings, client lectures and meals. In short, we need additional space to accommodate the staff. In Summary Hazelden takes great care to ensure that its services and clients are well supervised and cared for. The HPH building project will not have any undesireable impact on the community. The project is designed to help us better meet the needs of our current clientele. We appreciate the past support we have received from the community, and it is our intent to continue to build on this already strong relationship. F t res pioneer by Dave Dahimeier Although only a block west of Robbinsdale-Armstrong, most students don't know what Hazelden Pioneer House is. Hazelden Pioneer House is an alcohol and chemical dependen- cy treatment center for young adults. Hazelden Pioneer House has been in operation since 1981, but the Hazelden Foundation was started in 1949 as a small alcohol treatment center in Center City. The Center City unit, the first and oldest alcohol treatment center in the country, is now an adult facility treating all chemical dependencies. Mike Schiks photo by John Dahimeier A common misconception among students and area residents is that Mission Farms is associated with the Pioneer House. Originally, the Pioneer House building was owned by Mission Farms, but Hazelden Foundation bought the building in 1981 and now the businesses are completely separate. Another misconception is that ny people think Hazelden is the wealthy. In fact, t szelden is a non-profit organization. Mike Schiks, direc- tor of the Pioneer House, said, We take that very seriously." Schiks also explained that Hazelden "costs less than most H o use Low-key policy makes for a quiet neighbor if not all other programs in Min- nesota." Hazelden also offers free care for those unable to provide. Hazelden uses the Alcoholics Anonymous 12 -step recovery program. Although used in many other treatment pro- grams, Schiks feels this philosophy "can vary widely in how it is interpreted." Schiks feels the key part to Hazelden's philosophy is there is no concrete way of chemical treatment. A facility must have a "dynamic program" that can change when new ideas are learned. Schiks explains, "Young peo- ple in trouble with drugs are capable human beings. They deserve to be respected as such and not treated as children." Hazelden Pioneer House main- tains an open-door policy, mean- ing patients may stop treatment and leave at any time. After be- ing introduced to the program, Schiks said about 80% will stay. Another part of Hazelden's philosophy is the peer groups. In these groups, patients can talk openly about their experiences, which helps them feel the same as the other people. Many pa- tients feel this way, and this aspect of the program helps them feel good about themselves. ment. This referring is done by patients themselves, parents, counselors, and law enforcement officials. The patient is then usually contacted by phone, but Kirchoff said, "We will never determine if a patient is ap- propriate for treatment over the phone." Next there is a 7-10 day assessment as to whether the pa- tient is to be taken in. If so, Kir- choff recommends this to the gatekeeper." The gatekeeper reviews the case, and if he ap- proves, the patient is ready for treatment. The patient's family can visit Young people in trouble with drugs are capable human beings."' Schiks, a former counselor, has great faith in the patients and noted, "I have never met a young person who wanted to become alcoholic or chemically dependent." Pioneer House has a thorough process of receiving their poten- tial patients. Darlene Kirchoff, a former nurse and now an admis- sions specialist, was helpful in explaining what is called "intake screening." First, the potential patient is referred to Hazelden's treat - with the counselor at the pa- tient's arrival and once a week during the treatment period. The patients at Pioneer House come from very different back- grounds. They age from 14 to 25, and the average age is about 18. According to Schiks, over half are 14 to 18, and one third are 18 to 22, while 10% age from 22 to 25. In some rare cases Schiks says, "Hard, hard, hard core users under 18 go to Center City." photo by John Dahlmeier Patients also come from all over the world. Schiks estimated that 75% of all patients are refer- red from out of state. But overall, half are from Minnesota and half aren't. Right now, Pioneer House has patients from England, Austria and the Bahamas. One thing the patients do have in common is the chemicals they've used. Almost all have us- ed alcohol, marijuana, and co- caine. Schiks estimated that, most used all three or at least two." Schiks figured a patient's average stay is 38 days at a cost of $5100. One thing Schiks wanted peo- ple to keep in mind about chemical dependency is, "It can happen to anybody." He also noted his appreciation for the community around Hazelden. He said he is open to questions from students and residents about Hazelden. Schiks summed up his feelings about the community by expressing, "In terms of the community we try to be real low- key. Our patients do not leave our grounds without a staff member. We're really grateful to the community." Page 10 The Odyssey November 6, 1987 Recovering author rates treatment sites Bob LwxwWmv !/Staff writer Stan Hart hit rock -bottom In 1985 in Australia. A recovering alcohol- i%he gone there to interview oW-time tennls players from Down Under for a book hs was wridng. 1 knew I was going to drink when I went down there," he said. "I convinced myself that I could pull it off because I was so excited about the project. l mean, I'd be having a beer with tennis legends MAAdrian Guist and Frank Sedgman ... 6.W the booze ran away from me and I went on a six-day bktge. I scrapped the writing project because, In a moment of c ", I realized that "life was at stake, and that If I was ever going to wrta againj it would. "to be in a safe environment. Something Involving rehabilitatlon." That explains why the 59 -year-old Hart, a former editor at Little, Brown and onetime owner of a bookstore on Martha's Vineyard, was -In Minneapolis three years lat- er, fortified by nothing stronger than a morning cup of coffee. He didn't scrap this project: he was M town to promote it His book, "Re- hab;A Comprehensive Guide to Recommended Drug-Alcohoi Treat- ment Centers in the United States" 422.95 hardcover, $10.95 paper- back) has*atbeen published by Harper 5 ow. The 500 -page book is a firsthand look at 150 such facilities in 40 states, believed to be the first of its kind. Hart spent more than two years traveling around the country, visiting more than 300 centers and. talking to counselors and patients. He rates them on such standard criteria as cost, length of stay and type of treatment, as well as some admittedly personal ones such as whether boom boxes are permitted on the premises (he thinks they shouldn't be). . What makes them so good? "Both places have top staffs. It's very hard to get wonderful people for low salaries. You can do it hero, I suppose, because it's so pleasant to live here. Hazelden is also good because It has v r m ou got out there by that lake, with deer running around and the sky dear and the people pleasant, and you get a sense of a therapeutic com- munity.' Another w8Y that Hart measunss the efficacy of a treatment center Is - the percentage of recover n alco- holics on the staff or HazelCen s NJ "It should be at least wi per- cent, but I'd rather have 75 percent. A couple of places mentioned in my book have 100 percent. but then it . becomes like an AA clubhouse." Why is it important to have recover- ing alcoholics treating alcoholics? When your whole life has revolved around -drinking, you hang onto that fantasy that you can stili drink in moderation. And it takes someone who's gone through it to break through that denial and make you see the truth of your condition." That's why Hart knew he wouldn't be abie to get away wiz,' an oi=a- sionai drink during this projecL .'It wasn't easy to fly in to Omaha. spend the night at a Holidav Inn and go by the bar, alms and tired. But I knew that the next day I'd be in a treatment center interviewing somebody and I couldn't show up shaky. They'd know in a second." Hart said the "overwhelming cxiterl- on" for whether a center would be included in his book was "a general felling of wellness. If 1 interviewed the director and he seemed arro- gant, I'd say, 'The hell with this place.' STAR TRIBUNE MINNEAPOLIS, MN DECEMBER 21, 19ee J.y SM Hart The whole purpose of a place like this is to give the patient the idea that there's life after drinking, and that idea from seeing a staff, because they're all rob models. Hell, the housekeep- ers are rob models. When you're an alcoholic, everyone's better than YOU - Hart remembers taking his first drink when he was 5, swigging a half-filled glass at one of his par- ents' cocktail parties. ,I just loved alcohol. I loved what it did to me. But I didn't become a chronic drink- er until I was about 38. By that time, my central nervous system was really affected." One of his drinking jags cost him a pert in "Jaws," which was shot off Martha's Vinayard in the early '70s. Director Stever, Spielberg had cast him as the mayor, but Hart took a camera crew around in his boat while under the influence, *par- dizing both lives and equipment, and the next thing he knew he was barred from the set Hart has written two other books: a mystery set on Martha's Vineyard, where he still lives with his three young children by his second mar - nage, and a series of interviews with American tennis stars of the past. I sold the bookstore when I start- ed writing. I found it very hard to write during the day with people interrupting me all the time. I'd be sitting there typing, surrounded by other people's books, and some- one would have the guts to come in and try to buy a book while I was working.,. Hazelden Pioneer House Application for Amended AUG Conditional Use Permit C !I- Ls:;f Section 9: Conditional Use Permit Criteria COMA, h;J1!TY DEVTrR ;° H i0P,.f T GCPT. a. The Planning Commission shall review the application and consider its conformance with the following standards: 1. Compliance with and effect upon the Comprehensive Plan. It is Hazelden Pioneer House's (HPH) intention to work in compliance with the City of Plymouth towards full compliance with and effect upon the comprehensive plan. To our knowledge based on informal and formal review by City Planning and Development officials is in compliance. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. We have felt great support from the people of Plymouth in the past. It is our wish and commitment that our plans will enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. As outlined in our narrative description Hazelden Pioneer House truly has both a national and international reputation for providing quality rehabilitation services for youth. We feel we have earned this reputation. Our services are professional and well designed. This includes a rigorous schedule and ample staff coverage. We do not take our responsibilities lightly to either the community or to the parents and youth that reach out to us for help. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood. The changed conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already submitted nor substantially diminish or impair property values within the neighborhood. Hazelden Pioneer House is screened naturally out of view of most area residents. Since Page 2 the new building project will be attached to the current structure this will not change. Part of Hazelden's philosophy is to provide an attractive, well maintained environment. We take pride in this and will continue to do so int he future. We feel this is further supported by the site plans, which reflect that great care has been taken to match the surroundings and current structure of HPH. 4. The establishment of the conditional permit will not impede the normal and orderly development and improvements surrounding property for uses permitted in the District. Hazelden Pioneer House is located on 14 acres, surrounded on three sides by the Hennepin County Park Reserve and the Union City Mission. This project will not ii,ipeede the normal and orderly development and improvement of surrounding property for use permitted in the District. 5. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. Careful consideration has gone into this project. Our residents most often do not bring their automobiles, but rather they are transported by Pioneer House personnel. Currently we have no problem whatsoever with traffic congestion. We do not project this modest increase in services will cause us any ingress and egress problems in the future. Even so, we have expanded our parking areas at HPH to ensure accommodations for the additional staff and visitors needed to cover the expansion project. 6. The conditional use shall, in all other aspects, conform to the applicable regulations of the district in which it is located. To the best of our knowledge, HPH shall in all other respects conform to the applicable rules and regulations within the district. Once again we reaffirm our commitment to work cooperatively with the City of Plymouth in all applicable regulations of the District. Michael A. Schiks, Program Director August 14, 1989 t G CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE August 21, 1989 COMMISSION MEETING DATE: September 13, 1989 FILE NO.: 89074 PETITIONER: Hennepin County REQUEST: Conditional Use Permit LOCATION: 2455 Fernbrook Lane GUIDE PLAN CLASS: IP (Planned Industrial) ZONING: I-1 (Planned Industrial) BACKGROUND: A property was purchased by the State in the late 1960s. The property was rezoned to the Industrial District in 1970, and the maintenance building was constructed the same year. In 1972, the Driver's Examination Station was constructed. In 1985 the State received administrative approval for the construction of an accessory structure for the storage of sand and salt materials. Notice of this Public Hearing has been published in the official city newspaper, and notices have been mailed to adjoining property owners within 500 feet. PRIMARY ISSUES AND ANALYSIS: 1. The proposal calls for a temporary trailer to be located on the property in order to route garbage trucks to an appropriate location to dispose of their materials, whether it be a burn plant or a landfill. The petitioner has submitted a detailed description of the proposed use. Generally the temporary trailer will be used by a single person to record and dispatch up to twenty trucks per day. 2. Before any Conditional Use Permit may be granted, the Planning Commission shall review the requested proposal for purposes of evaluation against these standards set forth in Section 9, Subdivision A, Number 2a and develop a recommendation to the City Council which shall make a final determination as to approval or denial. Attached is a copy of the Conditional Use Permit criteria from Section 9, Subdivision A, Number 2a of the Zoning Ordinance. 3. A physical constraints analysis identifies this property to be located within the Basset Creek Drainage District. The site is not located within y Page Two File 89074 a Shoreland Management District nor does it contain any wetlands. There are no major woodlands or severe slopes on the property. The soils appear suitable for urban capability with public sewers. 4. The site plan submitted along with the Conditional Use Permit narrative identifies that the on-site circulation will not be effected due to the placement of this trailer. 5. We note that the petitioner in his narrative submitted in support of this Conditional Use Permit makes reference to the Waste Transfer Station proposal for the City of Plymouth to be a "given". It should be noted that this is definitely not the case. Hennepin County has filed an application for a Conditional Use Permit to construct a Waste Transfer Station at the northeast corner of County Road 6 and I-494 which is being separately processed under the Waste Facility Section of the Zoning Ordinance. The staff review process for an application responsive to the Waste Facility Section of Plymouth's Zoning Ordinance is necessarily complex and time consuming, involving outside consultants as well as City Staff. At this time that review process has not been completed and no estimate is available as to when a public hearing will be scheduled for the Waste Transfer Station application. PLANNING STAFF COMMENTS: 1. The proposed use will not have an impact on elements of the Comprehensive Plan nor should it have direct impact on adjoining properties. It should not diminish or impair property values in the immediate vicinity. 2. Based on the projected level of activity it appears that adequate measures have been taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. The only circumstance upon which this may not prove true would be if all twenty trucks arrived at the same time. We do not foresee this as a likely occurrence. 3. If adequate and reasonable safety and sanitation is observed the maintenance and operation of this Conditional Use should not be detrimental to or endanger the public health safety morals or comfort. If, on the other hand, the garbage compactors that will daily visit the site are operated unsafely or in an unsanitary manner the public health and safety may impacted. 4. The proposed use does not involve permanent structures, and as such, can be both established and eliminated "overnight". This feature of the proposed use when coupled with the Zoning Ordinance provisions for the revocation of Conditional Use Permits works to provide a level of comfort in the issuance of this permit in the face of potential questions regarding the impact of the operations. 5. The applicant has indicated that the proposed use is "temporary" in nature. The implication would appear to be that this truck routing station would remain until such time as a Plymouth Waste Transfer Station would be in operation. This logic presumes a Conditional Use Permit for a Waste Transfer Station will be approved. We find that logic to be Page Three File 89074 incorrect and we recommend that any approval of this Conditional Use Permit be on a six month renewal basis, to both monitor the impacts that the use may present, and to disassociate this use from any proposals for a Waste Transfer Station in Plymouth. RECOMMENDATION: I hereby recommend approval of the application for a Conditional Use Permit to locate an interim truck routing station at the Minnesota Department of Transportation Truck Station at 2455 Fernbrook Lane North. I recommend that the Conditional Use Permit be renewable at 6 month intervals to monitor the impact of the use Md the compliancewith the cpR4itions. Submitted by: Charles E. Dillerud,—Community Development Coordinator ATTACHMENTS: 1. Recommended Conditional Use Permit approval. 2. Engineer's Memo 3. Petitioner's Submissions 4. Sketch Plan pc/cd/89074:dl) RECOMMENDED CONDITIONS FOR PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR HENNEPIN COUNTY (89074) 1. Use of the site for truck routing purposes shall be limited to no more than 20 trucks per day. 2. The site shall be open for garbage trucks from 7:30 a.m. to 3:30 p.m., Monday through Friday only. 3. All trucks using the site shall be single or double axle waste collection trucks. No tractor/trailer rigs shall use the site. 4. There shall be no dumping or transferring of waste from one truck to another at this site. 5. No truck shall be stored at this site or allowed to stop for repairs, phone calls, or for any other reason other than routing. 6. Trucks visiting the site shall have normal mixed municipal solid waste. There shall be no trucks with hazardous waste loads of any type. 7. The Conditional Use Permit shall be reviewed six months from the date of issuance for compliance with the Conditional Use Permit standards of the Zoning Ordinance, and the conditions of approval. 8. The Conditional Use Permit shall be subject to compliance with all applicable rules and regulations governing this activity administered by other governmental agencies. 9. No permanent signage of any type is approved related to this Conditional Use Permit. t i j3 MEMO SFP S 1989 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: September 7, 1989 TO: _ Cuck Dillerud, Community Development Coordinator FROM: V,"/Daniel L. Faulkner, City Engineer SUBJECT: INTERIM TRUCK ROUTING STATION At the MnDot Truck Station located at 2455 Fernbrook Lane, Hennepin County's estimate of approximately 20 garbage trucks per day will not adversely affect the traffic patterns along Fernbrook Lane as the street was designed as a nine ton street and for the surrounding commercial area. DLF:sm cc: Fred G. Moore, Director of Public Works 07 Description of Interim Truck Routing Stations Hennepin County proposes to establish an interim truck routing station at the MNDot truck station located at 2455 Fernbrook Lane North in the city of Plymouth. Hennepin County is establishing a network of interim truck routing stations as part of its system of waste burning plants. There will be about 10 truck routing stations including the routing station proposed for the MNDoT truck station in Plymouth. They will be located around the County in order to be convenient to all waste haulers in the County. At these interim truck routing stations garbage trucks in the County will check in with their loads. There they will be quickly recorded and dispatched to where the waste can best be disposed of on that particular day - most likely to a waste burning plant. If the burn plants have received all the waste they can handle for a particular day, the garbage trucks will be routed to a remote landfill. without these interim truck routing stations, too many garbage collection trucks will show up at the burn plants and will then have to be turned away. This will cause unacceptable additional driving time by waste collection trucks and unacceptable traffic problems, particularly at the burn plant in downtown Minneapolis. Eight of the interim truck routing stations started operating in mid -1989, the time one of the waste burning plants started operating. Hennepin County's solid waste designation ordinance went into effect at that time and requires that all solid waste generated in the County be delivered by garbage collectors to locations specified by the County so it can be routed to the waste burning plants built for that purpose. Since then, two additional routing stations are being sited to serve haulers in the western suburbs. one site is in Plymouth and one site is in Mound. When the County's four permanent transfer stations are built in the next two years, the interim truck routing stations will be phased out. At the permanent transfer stations the garbage collection trucks will be able to tip their loads rather than be rerouted to another location. At these transfer stations the waste will then be transferred to semi trucks for hauling to one of the burn plants or possibly to a landfill. (By the time the permanent transfer stations are operating the burn plants should be operating at full capacity. Solid waste will then be landfilled only during periods of high waste generation - spring and fall, and during times when the burn plants are down for plant maintenance and repair.) Most of the interim truck routing stations in Hennepin could be phased out in mid-1990 when the Bloomington and Brooklyn Park transfer stations are completed and operating. The remaining interim truck routing stations should be phased out when the Plymouth and the South Minneapolis permanent transfer stations are built. It should be emphasized that at the interim truck routing stations waste collection trucks will not dump their loads of waste. They will only report to these stations where their loads will be recorded and then dispatched to a disposal site. Because of certain legal and other requirements a network of truck routing stations is a necessary short term need. The main purpose of the truck routing stations is to have places where waste collection trucks can enter the County system; where the County can take possession of the waste; and then route it to the final disposal point - burn plant or landfill - best able to handle the load of waste on any particular day. The Key elements of an interim truck routing station at the MNDoT Truck Station in the City of Plymouth are as follows: A County employee will be located in a small portable trailer on the site see site plan). When a garbage collection truck enters the site the employee will issue the truck driver a routing slip directing the garbage truck to specific destination. The site will be open for garbage trucks from approximately 7:30 AM to 3:30 PM, Monday through Friday. Ongoing operations of the MNDoT truck station would continue as normal. Hennepin estimates approximately twenty garbage trucks per day will visit the site and will probably be well spaced throughout the eight hour period. With this low traffic volume and the fact that each truck routing transaction only takes one minute, there will seldom, if ever, be more than one truck at the site at any time. Most of the trucks visiting the site will come from T.H 55 and proceed south on Fernbrook Lane to the site. After receiving a routing slip, trucks will go north on Fernbrook Lane to T.H. 55. All trucks will be single or double -axle waste collection trucks. No tractor/trailer rigs will visit the site. There will not be any dumping or transferring of waste from one truck to another at this site, only truck recording and routing. Trucks visiting the site will have normal mixed municipal solid waste. There will be no trucks with hazardous waste loads of any type. No trucks will be stored at the site or allowed to stop for minor repairs, phone calls, or for any reason. Conformance with Standards Set Forth in Section 9 of the Plymouth zoning Ordinance Conditional Use Permit 1. Compliance with and effect upon the Comprehensive Plan. The proposed site is zoned industrial and the routing of approximately 20 garbage trucks per day would not be incompatible with existing truck operations at the MNDoT truck station. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The routing station is temporary, and will facilitate disposal of solid waste in the area and will involve only approximately 20 trucks per day. Operations will occur during normal working hours - Approximately 7:30 AM to 3:30 PM. Other routing stations in operation in the County caused no concerns whatsoever with noise, odor or spillage. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The truck routing will take place in a well screened area. The City Public Works area is to the west, the drivers examination station is north, 23rd Avenue is south and the property to the east is on the east side of Fernbrook Lane. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. The truck routing will take place in a well screened area. The City Public Works area is to the west, the drivers examination station is north, 23rd Avenue is south and the property to the east is on the east side of Fernbrook Lane. 5. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. The use is temporary and the estimated waste collection trucks per day entering and leaving the site will not cause traffic congestion in the surrounding public streets. 6. The conditional use shall, in all other respects, conform to the applicable cable regulations of the district in which it is located. The temporary use should be able to conform to the applicable regulations of the district in which it is located. 3N01 XOOd6NM3A CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT REPORT DATE FILE NO.: PETITIONER: REQUEST: LOCATION: GUIDE PLAN CLASS: ZONING: BACKGROUND: PLANNING AND ZONING APPLICATION STAFF REPORT August 14, 1989 COMMISSION MEETING DATE: August 23, 1989 89054 Susan Tippets Lot Division and Variance From the Zoning Ordinance Pertaining to the Lot Width of the Northerly Parcel, 85 Feet Versus the Ordinance Minimum 110 Feet. 2320 Larch Lane LA -1 (Low Density Residential) R -1A (Low Density Single Family Residential) The City Council under Resolution 80-596 approved the Lot Consolidation of this property for the mother of this petitioner. The consolidation was to combine three separate parcels into a single new parcel. Property owners within 100 feet have been notified of this public meeting. PRIMARY ISSUES AND ANALYSIS: 1. The Planning Commission may recommend a variance from the provisions of the Zoning Ordinance as to specific properties when, in its judgment, an unusual hardship on the land exists. We have attached a letter dated August 11, 1989, from the petitioner which addresses the six Zoning Ordinance standards that must be met for the Planning Commission to recommend approval of a variance. We have also attached a copy of those Zoning Ordinance standards. 2. The Lot Division complies with the minimum lot size requirements of the Zoning Ordinance with 25,000 square feet in one parcel and 18,700 square feet in the other parcel. The R -1A Zoning Ordinance standard for minimum lot size is 18,500 squre feet. 3. The property is located with the Basset Creek Drainage District. The site is not located within a Shoreland Management Area nor does it contain any wetlands. The site contains some major woodlands and slopes in excess of 12 percent. The soils appear suitable for urban capability with public sewers. see next page) Page Two File 89054 PLANNING STAFF COMMENTS: 1. The division of platted property responsive to Section 500.37 of the City Code meets all submission requirements and, standing alone, the division would appear to be responsive to the City Code. 2. Based on the level of development found in this and most other areas of the developed portion of Plymouth, it could be considered a hardship for a property owner to be denied the right to divide property into parcels of less than the 43,700 square feet this overall parcel contains. It could be held that this is an economic issue, but it also can be held that there will be economic benefit that will accrue to the City as a result of division as well. 3. With respect to the impact on surrounding neighborhoods and the Comprehensive Plan, the variance requested will not have a negative impact as long as the recommendations of the City Engineer with respect to street access to the southerly parcel complied with. RECOMMENDATION: I hereby recommend approval of the application to divide platted property together with the variance to the Zoning Ordinance or lot width that would be required. Submitted by:' Charles E. Di erud, Community Development Coordinator ATTACHMENTS: 1. Recommended Conditions to the Approval of the Lot Division and Zoning Variance. 2. Engineer's Memo 3. Location Map 4. Division Graphics pc/cd/89054:jw) RECOMMENDED CONDITIONS FOR PLANNING COMMISSION SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION FOR SUSAN TIPPETS (89054) 1. A variance is hereby approved to permit the creation of the northerly parcel (Parcel A) with a lot width at the front setback line of 85 feet instead of the R -1A Zoning Ordinance standard of 110 feet. The basis for the variance is the unusual shape and prior platting activity involving the lots in this vicinity resulting in a hardship to the property owner if the variance were not granted. 2. No variances to the Zoning Ordinance or Subdivision Code are approved except as noted. 3. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to or containing open water storm drainage facilities. 4. Payment of Park Dedication Fees consistent with the Park Dedication Policy prior to filing lot division/consolidation with Hennepin County. 5. No Building Permit shall be issued for the south parcel (Parcel B) until such time as the resolutions approving this lot division are recorded with Hennepin County. 6. All necessary drainage and utility easements shall be submitted prior to recording of the resolution approving the division with Hennepin County. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: September 6, 1989 FILE NO.: 89054 PETITIONER: Ms. Susan Tippets, 2320 Larch Lane, Plymouth, Mn. 55441 LOT DIVISION/CONSOLIDATION: PART OF LOT 10, ALL OF LOTS 11 AND 12, BLOCK 6, ELMHURST PARCEL 26-118-22-21-0107 LOCATION: North of 23rd Avenue, west of Kirkwood Lane, in the northwest one quarter of Section 26. The current City ordinance requires utility and drainage easements ten feet (101) in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 7. _ _ X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. The 100 Year Elevation for the Bassett Creek Flood Plain south of this _prgperty is 894.0. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division/Consolidation approval: 4. Area assessments: None. 5. Other additional assessments estimated: The responsible for extending the watermain to serve this owner will be site. LEGAL/EASEMENTS/PERMIT 6. X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (101) in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 7. _ _ X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. The 100 Year Elevation for the Bassett Creek Flood Plain south of this _prgperty is 894.0. N/A Yes No 8. X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: The minimum basement elevation shall be 896.0. 9. X All standard utility easements required for construction The following easements will be required for construction of utilities 10. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 12. X All existing street rights-of-way are required width - Additional right-of-way will be required on Additional right-of-way will be required to provide a cul-de-sac for public access to the south parcel along 23rd Avenue, 13. A. The owner is responsible for the installation and cost of the watermain to the east property line along 23rd Avenue or the developer may petition the City to do the work. B. Kirkwood Lane, ,from the end of the existing bituminous, shall be paved south to 23rd Avenue and west on 23rd Avenue with a cul-de-sac to the east property line of the proposed division. The bituminous shall be constructed to the same width and section of existing Kirkwood Lane, this shall be the responsibility of the developer or the developer may petition the City to do the work. C. The additional right-of-way will be required from the adjoining property owner, which is park property. D. A 100 Year Flood Plain Elevation of 894 shall be determined by the applicant, if the 100 Year Elevation encroaches on their property, a drainage easement for ponding purposes will be required. Submitted by: Daniel L. Faulkner, P. E. City Engineer 7 u 8 e c) 25 s' . • ,. ( ru' , S, .Qr " s% le 1.(2s(,' S) 8 20 a 165' Z 3 OOC.3210332 IN. S•) e, (31) n (77) Cis) , - 1 o (lf - 1 :`52.72• '-• - X211.6 , W 112• ( 74• O Q' ;.33.75' 11 soso, 160' Z (N) N. R J o M / (y) 'Q'- 98) = 2 cls) ' a pa cio) (i ) oi- 3 Op q, rn .._ 19.x`' Y+ .o• : -_ 8 7 s ( n) . t Via) R (u) 'ta) t«) Q ... "' 1'- S 16-6 a( +P ' .. • ca.) ~ fi .: .c. .. of < 4TI31 2e•.. %H '.,~' as)' e• 33 tis) i 7 _ e _ 10 e, ..' 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J• 1 e 0 70sY OP N J Y r W y PZ m .-J bo'g51 rZl lc"1 c 15 nMW-13' 9 33 N7pi 157M M1nOS N cc U U CL W F- C U C W W W ' SCO,' z - c bo'g51 rZl lc"1 c 15 nMW-13' 9 33 N7pi 157M M1nOS 6 am CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE August 21, 1989 COMMISSION MEETING DATE: September 13, 1989 FILE NO.: 89073 PETITIONER: Trammell Crow Company REQUEST: Lot Consolidation, Lot Division, and Site Plan LOCATION: Northwest of Sycamore Lane and Sixth Avenue North GUIDE PLAN CLASS: IP (Planned Industrial) ZONING: I-1 (Planned Industrial) BACKGROUND: The City Council on July 10, 1989, approved the Preliminary Plat and Final Plat for Carlson Companies 4th Addition for Trammell Crow Company. This lot is one of the lots involved in that platting action. In October 1979 the City Council, under Resolution 79-636, approved the site plan for American Hospital Supply located on Lot 4, Block 1, Carlson Companies 2nd Addition, which is the westerly lot involved in this consolidation division. Written notification of the consideration of this site plan and lot division/consolidation action by the Planning Commission has been sent to five property owners residing east of this site consistent with the direction of the Planning Commission from June 14, 1989. At that time the Commission stated their desire to have those residents who spoke at a meeting involving an earlier lot consolidation/division action at this location be notified of any future site plan for a structure on this parcel. PRIMARY ISSUES AND ANALYSIS: 1. The lot consolidation and division is to relocate the existing property line between this site and the existing site of Baxter Hospital Supply immediately to the west. The site plan is for the construction of a 124,700 square foot office/warehouse facility (33 percent office/67 percent warehouse). 2. The 1977 platting action that included this site provided for a transition area ranging in width (west to east) of 50 to 300 feet along the east property line of the plat. The purpose of the transition area is to buffer the Glenloch residential neighborhood to the east from the see next page) a Page Two File 89073 industrial development of this Carlson 2nd Addition industrial plat. The design of the site plan conforms to the specifications of that covenant precluding structures within the covenanted non -development area. 3. The physical constraints analysis identifies this property to be within the Basset Creek Drainage District. The site is not located within a Shoreland Management area, but does contain some wetlands. There are no major woodlands or severe slopes on this property. The soils appear suitable for urban capability with public sewers. The proposed site plan responds to the on-site physical constraints appropriately. 4. The lot division/consolidation action proposed would move the property line between the existing Baxter site to the west and this lot from 50 to 130 feet westerly, subtracting approximately two acres from the Baxter site and adding approximately two acres to the site upon which this structure is proposed. The Subdivision Code allows for consolidations and divisions of platted property without replatting. The specifications of the Baxter site have been reviewed within the context of a reduction in site size of two acres and we have determined that the site still meets Zoning Ordinance specifications with respect to related site design features, after the two acre parcel is subtracted. 5. The site plan complies with the Ordinance minimum requirements for parking 241 versus 237); building and parking setbacks; trash enclosures (to be located within a structure); and site lighting. The landscape plan is consistent with the City policy setting the standards for the site design, and rooftop equipment is proposed to be screened as required by the Zoning Ordinance. 6. The architectural elevations of the structure reveal that exterior finish will be generally poured concrete panels broken by a painted metal feature strip and entrance structure detail. The service areas of the structure are designed to be along the north elevation (facing a building of similar appearance and design) and the entrances will concentrate on the south and west elevations. The east elevation will be continuous concrete panel with no breaks other than the accent strip noted above. The nearest point at which the east elevation can be observed is in excess of 300 feet distance with substantial intervening natural forestation. The structure would appear to be architecturally consistent with other structures of a similar type in this immediate vicinity, and therefore consistent with the provisions of the Plymouth policy with respect to building architecture and aesthetics. PLANNING STAFF COMMENTS: 1. The site plan as proposed meets all City codes and ordinances of a planning and zoning nature. A fire lane variance on the east side of the structure has been requested, and will be considered by the City Council with the recommendation of the Fire Chief. see next page) Page Three File 89073 2. The requested division and consolidation of platted property is consistent with the terms and conditions of the Subdivision Ordinance with respect to such actions. In addition, the division/consolidation will not result in the inconsistency of either resulting site with provisions of the Zoning Ordinance. 3. The proposed structure and site plan are consistent with the terms of the covenant that is recorded against this site with respect to structures in relationship to the east property line. RECOMMENDATION: I hereby recommend approval of the site plan and lot division/consolidation consistent with th a tached list of recommende nditions. Submitted by: , Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Recommended Conditions of Approval 2. Engineer's Memo 3. Location Map 4. Planning Commission Minutes of June 14, 1989 5. Large Plans pc/cd/89073:dl) RECOMMENDED CONDITIONS FOR PLANNING COMMISSION SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION/CONSOLIDATION FOR TRAMMELL CROW COMPANY (89073) 1. Payment of Park Dedication Fees in lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 2. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any signage shall be in compliance with the Ordinance. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. All waste and waste containers shall be stored within the structure, and no outside storage is permitted. 7. 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. 8. No Building Permit to be issued until the lot division/consolidation is filed and recorded with Hennepin County. 9. Prior to recording of the lot division/consolidation, the City Attorney shall verify the applicable covenants as to development prohibitions are carried forward not withstanding this action. City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: September 7, 1989 FILE NO.: 89073 PETITIONER: Mr. John D. Griffith, Trammel Crow Company, 601 Lakeshore Parkway, Suite 200, Minnetonka, MN. 55343 LOT DIVISION/ CONSOLIDATION: LOT 4, BLOCK 1, CARLSON COMPANY SECOND ADDITION AND LOT 2, BLOCK 1, CARLSON COMPANY FOURTH ADDITION LOCATION: North of Sixth Avenue, east of Xenium Lane, south of Tenth Avenue, west of Sycamore Lane in the northeast one quarter of Section 34. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. x Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division/Consolidation approval: 4. Area assessments: None. 5. Other additional assessments estimated: Non. 6. _ _ X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) N/A Yes No 7. XX Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. g, _ — X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: The minimum basement elevation shall be 943.0_ 9. X All standard utility easements required for construction The following easements will be required for construction of utilities For the storm sewer from the pond adjacent to Sixth Avenue north along the east side of the proposed building to the drainaee ditch in the northeast corner of the site. 10. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The temporary surface drainage easement per Document pipR2i•l i=.11 oi•-rnn•a-,.. - -- -- R5 I 1 - 1 • 11 ' ! • i • • ! • 1 i 1 1,14447"1 11. _ X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 12. X All existing street rights-of-way are required width - Additional right-of-way will be required on 13.A. The Final Plat of Carlson Companies 4th Addition shall be filed prior to Lot Consolidation/Division Approval. N n Submitted by: Daniel L. Faulkner, P. E. City Engineer 2 City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: September 7, 1989 FILE NO.: 89073 PETITIONER: Mr. John D. Griffith, Trammel Crow Company, 601 Lakeshore Parkway, Suite 200, Minnetonka, MN. 55343 SITE PLAN: BULK WAREHOUSE F LOCATION: North of Sixth Avenue, west of Sycamore Lane, east of Xenium Lane, south of Tenth Avenue in the northeast one quarter of Section 34. ASSESSMENT RECORDS: N/A Yes No 1. _ X Watermain area assessments have been levied based on proposed use. 2. _ X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None. 5. Other additional assessments estimated: None. LEGAL/EASEMENTS/PERMITS: 6. X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. A lot division consolidation is beim processed concurrently with this application. 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.) 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. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. A drainage and utility easement 20 feet wide will be required for the storm sewer from the Rond adjacent to Sixth Avenue North alone the east side of the building to the drainage ditch at the northeast corner of the site. 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. The tem ograry Sur ace drainage easement per Document 1168992 The existing 20 foot drainage and utility easement dedicated_ with the plat of Carlson Company Second Addition A portion of the 6 foot drainage and utilitx easement that is covered under Document 1987049._ A petition along with the necessary legal description shall he provided to the City by the developer, 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department X 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: Seg special conditions 14. _ X Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. 15. X Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. The size and type of material to be used for the sanitary sewer service shall be shown on the site utility plan 16. _ X _ Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 17. _ X _ Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W-2. This plate should be referenced on the site plan. 18. X _ Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 20. X All existing street right-of-ways are required width - Additional right-of-way will be required on 21. _ X Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ X Curb and gutter provided - The City requires B-612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B-612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. _ _ X Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one-half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARDS: N/A Yes No 24. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right-of-way. All connections to the water system shall be via wet tap. 25. _ XX The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As-Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Items 6 7 9 10, 11, 12, 13, 15 22 23 and Special Conditions. 5- SPECIAL CONDITIONS REQUIRED: 27. A. The proposed 15 inch R.C.P. from catch basin 7 to the pond shall be increased from 15 inch R.C.P. to 18 inch R.C.P. B. A surface overflow shall be provided to adequately handle the 100 Year Storm. Currently a natural surface overflow would occur to the northeast, the overflow would occur at elevation 945.0. Since the building floor elevation is 945.0 a surface overflow should be established by the critical elevation of 943.0. C. A Building Permit shall not be issued prior to the filing of the Final Plat of Carlson Companies 4th Addition and the filing of the Proposed Lot Division/Consolidation. D. The financial guarantee for the public storm sewer shall be included with the Planning Department Site Plan Agreement. E. Cross easements will be required for the drive, storm sewer, watermain and parking. Submitted by: Daniel L. Faulkner, P. E. City Engineer Ll Planning Commission Minutes June 14, 1989 Page 163 North. Mr. Waters reported that he lived in Amber Woods. He sai he did not want to see 34th Street as a major access point t the development. Chairman Plufka introduced Mary Weinzierl of 18820 Co ty Road 24. Ms. Weinzierl said she was concerned about the sa ty of the exit proposed onto County Road 24. Rick Sather, in responding the statements fr the public stated that 34th Street is shown as a minor c llector on the Plymouth City Thoroughfare Plan. He reported hat County Road 24 has a very flat grade in the area a developer is requesting as an access and would be safe. Chairman Plufka closed the Public Hearing. Commissioner Zylla stated that the pro osed lots were small compared with R -1A standards. MOTION by Commissioner Marofsky, seco ed by Chairman Plufka to MOTION TO APPROVE recommend approval of the Sketch P1 for "The Leuer Property" subject to the conditions listed in, he Staff Report of June 8, 1989 omitting Condition #4, and_ adding to Condition #5 the words "including density". MOTION to Amend by Commissio r Stulberg to add Condition #4 MOTION TO AMEND back into the conditions lis d. Motion failed for lack of,Af second. MOTION FAILED DUE 10 LACK OF A SECOND MOTION by Chairman P1 eka, seconded by Commissioner Marofsky to MOTION TO AMEND add a new conditionating that 32nd Avenue be extended to the City of Medina bord9r., Roll Call Vote. carried. MOTION by 0 the lot size 5 Ayes, Commissioner Stulberg Nay. MOTION VOTE - MOTION CARRIED ssioner Zylla to add a condition stating that within 90 percent of the RI -A requirements. Motion failoC for lack of a second. Roll Cafl Vote on Main Motion once amended. 5 Ayes, Chairman Plufka introduced the request of Trammel Crow Company for a Preliminary Plat, Final Plat, Zoning Variance and Amended MOTION TO AMEND MOTION FAILED FOR LACK OF A SECOND VOTE - MAIN MOTION TRAMMEL CROW COMPANY 89023) Planning Commission Minutes June 14, 1989 Page 164 Site Plan for the Carlson Center 4th Addition located north of 6th Avenue and east of Xenium Lane. Commissioner Stulberg excused himself from the discussion and stepped down. Coordinator Dillerud gave an overview of the June 6, 1989 Staff Report. Chairman Plufka introduced Mr. John Griffith representing Trammel Crow Company who stated he agreed with the Staff Report. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Mike Anderson of 720 Sycamore Lane. Mr. Anderson stated his concern over the wildlife area which is a buffer to the residential area he lives in. He stated that a new building would have an impact on the area, and he was concerned about the type of structure to be built. Chairman Plufka introduced Ms. Nancy Anderson of 710 Sycamore Lane. Ms. Anderson stated that a new industrial building in this area would decrease the value of her property. This building would be visible from her home. She stated she thought the area was a buffer zone. She said she had heard Gleanloch Park was to be restored. Chairman Plufka introduced Mr. Chris Eilers of 615 Sycamore Lane. Mr. Eilers reported that he thought the area was a buffer zone. He stated that approval of the request would allow the petitioner to build a larger building, and he was not in favor of this. He also stated that he had heard some of the land would be added to the Gleanloch Park. Chairman Plufka read a letter received by the Planning Commission from Dr. Robert Ostrow. Dr. Ostrow stated that he was against any further development in this area. He stated that he thought the wildlife area was a buffer between the residential and industrial area. Chairman Plufka introduced Mr. Pat Zilverberg of 755 Windemere Drive. Mr. Zilverberg stated he felt the natural woodlands was needed as a buffer zone and that more park land in the area was needed. Planning Commission Minutes June 14, 1989 Page 165 John Griffith stated that there were no exact plans for the type of building to be put on the site. Chairman Plufka introduced Mr. Randy Harju of 13105 6th Avenue North. Mr. Harju stated that prospective home buyers for his property were concerned about what was being done with the plat. He asked where the access to the plat would be, and the height restrictions for a new building. Coordinator Dillerud stated that a building on this site could be no taller than 45 feet. He reported that the access will be from 6th Avenue, and this has been predetermined. Chairman Plufka introduced Mr. Roger Anderson of 710 Sycamore Lane. Mr. Anderson stated that the existing building on the north site is ugly, and he does not want to see another building similar to it constructed. Chairman Plufka closed the Public Hearing. Chairman Plufka asked Mr. Griffith what type of building would be constructed, and what is the reason for the 10 foot variance. Mr. Griffith stated that no plans had been made for the type of building to be placed on the site, and therefore the variance is not tied to a specific plan. Commissioner Zylla inquired as to how much more new building was possible on the south site with the movement of the property line. Mr. Griffith said he did not know. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Tierney to recommend approval of the Final Plat and Preliminary Plat adding a condition stating that property owners present at the meeting be notified when a Site Plan is requested for the southerly portion of the plat. Roll Call Vote. 5 Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Tierney to recommend approval the Resolutions for an Amended Site Plan and Setting Condition Prior to Filing of the Final Plat as listed in the June 6, 1989 Staff Report. MOTION by Commissioner Zylla, seconded by Chairman Plufka to MOTION TO AMEND delete Condition #10 from the Amended Site Plan approving the request for a variance. Roll Call Vote. 5 Ayes. MOTION carried. VOTE - MOTION CARRIED Planning Commission Minutes June 14, 1989 Page 166 Roll Call Vote on Main Motion. 5 Ayes. MOTION carried. VOTE - MAIN MOTI CARRIED 4U F. M. The meeting reconvened at 9:50 P.M. w Commissioner Stulberg returning to the table. Chairman Plufka introduced the req st of Harstad Companies for HARSTAD COMPANIES a Land Use Guide Plan Amendme70uthfor Lake Camelot Estates, (89030) located west of I-494, north and of County Road 47. Coordinator Dillerud gave an Report. Chairman Plufka introduced petitioner. iew of the June 9, 1989 Staff Ken Briggs who represented the Mr. Briggs reported that a took exception to the assessment charges proposed in the ngineer's Memo because the developer wants to develop at a ower density. He stated he felt the lower density would be better transition for the townhomes. Commissioner Zylla lestioned whether the developer really wanted to go to LA -1 rather than LA -2. Mr. Briggs resZed that LA -2 was really what the developer wanted. Chairman Plufk roduced Mr. Doug Achtelik of 6065 Annapolis Lane. Mr. AchteliV stated that he was happy with the petitioners request to,down guide the development to LA -2. Chairman/(lufka introduced Mr. Crutchfield of 6070 Annapolis Lane. Mr. Cr tchfield stated that when he bought him home he was told that he remaining area would be single family homes. He just foun out that the current guiding is LA -3. He supported the dow guiding. irman Plufka introduced Ms. Linda Knapp of 6035 Yucca Lane. s. Knapp stated that she supported the down guiding of the roperty. Chairman Plufka introduced Mr. Tom Skiba of 13905 60th Avenue North. Mr. Skiba stated that he supported the down guiding and would like to see it go to single family homes. Chair e u is Baring.