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8. Staff Report Format CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227,1180 Fax: 952,227,1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952,227,1140 Fax: 952,227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227,1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227,1300 Fax: 952,227,1310 Senior Center Phone: 952;227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us [I] MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, AICP Community Development Director DATE: April 6, 2010 SUBJ: Staff Report Format Attached are two staff report samples; one from the City of Minnetonka and the other from the City of Plymouth. Staff would like to review with the Commission the City of Chanhassen' s current staff report layout and review the potential for changes. ATTACHMENTS 1. City of Chanhassen Current Staff Report Layout. 2. City of Minnetonka Staff Report Sample. 3. City of Plymouth Staff Report Sample. g:\plan\ka\planning commission\4-2010 worksession\staff reports. doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow PC DATE: CCDATE: CITY OF CHANHASSEN REVIEW DEADLINE: CASE #: BY: I PROPOSED MOTION: SUMMARY OF REQUEST: The developer is requesting LOCATION: APPLICANT: PRESENT ZONING: 2020 LAND USE PLAN: ACREAGE: DENSITY: gross:; net: LEVEL OF CITY DISCRETION IN DECISION-MAKING: PROPOSAL/SUMMARY ADJACENT ZONING AND LAND USE: N - S- E- W- WATER AND SEWER: PHYSICAL CHARACTER.: APPLICABLE REGUATIONS BACKGROUND REZONING SUBDIVISION REVIEW GRADING, DRAINAGE AND EROSION CONTROL Surface Water Management Fees PARKS AND RECREATION COMPLIANCE TABLE GENERAL SITE PLAN/ARCHITECTURE ARCHITECTURAL COMPLIANCE LIGHTING/SIGNAGE RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and adoption of the attached findings of fact and recommendation: ATTACHMENTS City Council Agenda Item #14B Meeting of May 18, 2009 Brief Description Items regarding Hillside Senior Living, located at 5431 and 5439 Williston Road Recommended Action Adopt the resolution denying the proposal Introduction Michael Suess, Hillside Properties, LLC, is proposing to combine two existing single- family residential properties at 5431 and 5349 Williston Road and construct a three- story, 59-unit senior housing development on the combined site. (See pages A1-A25.) Proposal Summary The following is intended to summarize the applicant's current proposal. Specific details associated with the proposal are outlined in the "Supporting Information" section of this report. · Proposal Location: The subject site is located near the Williston Road/Excelsior Boulevard intersection, adjacent to the existing Kramer's Hardware property. (See page A3.) . Proposed Use: In the narrative submitted with the proposal, the applicant indicates that the proposed 59-unit building would be "catered toward seniors and special needs populations [requiring] assistance with support and personal care ... a portion of the facility [would] be dedicated to persons in need of memory care." The building would include 43 assisted living units and 26 memory care units, for a total of 69 units. The applicant proposes that 20 percent or 13 of the units meet affordability standards. (See page A5-A 17.) · Proposed Building. As proposed, the Hillside Senior Living building would have a footprint of 15,200 square feet. Underground parking would be accessed through a driveway on the south side of the property. The basement would include the building's kitchen and dining areas, as well as a resident storage, lounge, and "hobby" rooms. Resident units and common spaces would occupy the first, second, and third floors of the building. The third floor would also include a nurse's station. (See pages A18-A24.) · Site Impacts of Proposed Building. As proposed, the building would be centrally located on the combined site. Given the existing topography, a significant amount of grading would be required to accommodate the proposed building. This grading would result in removal and/or impact to 33 percent of the Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 2 significant/high-priority trees on the site. The property does not contain a Woodland Preservation Area. (See pages A27-A28.) . Comp Plan Amendment. The proposal requires an amendment to the site's land use designation from low-density residential to high-density residential. As proposed, the development would have a density of 37-units per acre. Staff Analysis . Site Impacts of Proposed Building. Following the planning commission's discussion and vote on the proposal, the applicant met with staff on several occasions both in the field and at city hall. Based on those meetings, modifications were made to the proposed site grading and, in turn, to the overall tree protection on the site. The modifications primarily result in additional preservation of trees on the north and east sides of the property. As proposed 67 percent of the High-Priority/Significant trees on the property would be protected. (See pages A27-A28.) Staff finds it is unlikely that the site could be developed at medium-density, 4.1 to 12 units per acre, or high- density, over 12-units per acre, and preserve a noticeably larger percentage of trees than proposed by the applicant. . Comp Plan Amendment. The area in and around the Glen Lake, where the subject site is located, was discussed by the Comprehensive Plan Steering Committee during the drafting of the 2030 Comprehensive Guide Plan. While understanding that redevelopment activities may continue to be proposed in the Glen Lake area, the committee specifically decided to make no changes to the land use designations of the neighborhood. Rather than making such changes simply to facilitate redevelopment, the committee determined that redevelopment proposals and any necessary guide plan amendments should be judged on their own merit. The Comprehensive Guide Plan includes several housing goals, including greater provision of "housing opportunities attractive to the varied needs and desires of the senior lifecycle." Staff understands that through the Hillside Senior Living proposal the applicant is attempting to provide such a housing opportunity. However purposeful the intent of providing this housing, the land use context in which such housing is provided in equally important. Hillside Senior Living would be located on Williston Road, which is defined as a major collector roadway. But for the hardware store located south of the proposed senior facility, Williston Road in this area is surrounded by low-density residential land uses. From staff's perspective, the Williston Road corridor defines the "neighborhood" in which Hillside Senior Living would be located. Though other high-density housing exists to the east of the subject property, Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 3 based on access to the subject site and area roadway configurations, the Hillside development is not fully integrated into the high-density area to the east. The requested comprehensive guide plan amendment from low-density residential to high-density residential is not appropriate given the existing land use along Williston Road. This specific proposal is not appropriate in this specific location. Planning Commission Recommendation The planning commission considered the applicant's proposal on March 5, 2009. On a 5-1 vote, the commission recommended that the city council deny the proposal. (See pages A45-A58.) Staff Recommendation Adopt the resolution on pages A60-A67, denying requested: Comprehensive Guide Plan Amendment, Rezoning, Preliminary Plat, and Site and Building Plan Review. Denial is based on the following findings: 1) Comprehensive Guide Plan Amendment. The proposal is not consistent with property's existing Comprehensive Guide Plan designation. Neither does the proposal warrant an amendment of the existing Guide Plan Designation. a. The proposal does not meet various criteria for such amendment, specifically: (1) The requested land use change would have an adverse impact on the natural environment, including topography. (2) The proposed high-density housing development resulting from the land use change would not be consistent with the physical character of the surrounding neighborhood. (3) The proposed high-density housing development does not provide for a more viable transition to adjacent properties than the current land use. Perhaps if the development included more area properties, there would be greater site design options and better opportunity for integration/transition into the surrounding area. (4) The proposal is not consistent with important land-use principals outlined in the 2030 Comprehensive Guide Plan. Namely, "the integrity of existing single-family neighborhoods will be preserved through careful management of land use transitions and impacts between potential conflicting uses." Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 4 b. In the recent update of the Comprehensive Guide Plan, which is currently under review by the Metropolitan Council, the city determined that existing guide plan designations in the area should remain. In doing so, the city determined that redevelopment proposal and any necessary Guide Plan amendments should be judged on their own merit. 2) Planned Unit Development Zoning. The proposal is not consistent with the purpose of PUD zoning as outlined in City Code 300.22 Subd. 1. Specifically: a. As proposed, the PUD does not preserve desirable site characteristics or open space. Neither does the proposal protect sensitive environmental features, such as slopes and trees. b. As proposed, the PUD does not provide a sensitive land use transition to adjacent low-density residential properties. 3) Site and Building Plans. The proposal does not meet site and building plan standards as outlined in City Code 300.27 Subd. 5. Specifically: a. The proposal does not minimize soil removal or include grade changes keeping with the general appearance of neighboring developed areas. Through: John Gunyou, City Manager Julie Wischnack, AICP, Community Development Director Loren Gordon, AICP, City Planner Originator: Susan Thomas, Principal Planner G:\Projects\04037.09a Hillside Senior Living\Reports and Exhibits\CC\Executive Summary Report 051809.docx Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 5 Supporting Information Surroundina Land Uses Northerly: Single-family home; guided low-density residential Easterly: Presbyterian Homes; guided high-density residential Southerly: Kramers Hardware; guided commercial Westerly: Single-family homes; guided low-density residential Plannina Guide Plan designation: Low-density residential Zoning: R-1 Deadline for Decision The applicant has waived the 120-day statutory deadline. Site Historv In 2004, the applicant proposed construction of a 77 -unit senior housing development on the subject property. While staff at that time found that senior housing, at an increased density, was appropriate for the site, staff recommended denial of the proposal. Findings included: · The proposal did not meet the guide plan review criteria for an amendment to the guide plan. · The proposal did not meet site and building plan criteria. . The mass of the building was too large for the site. · Grading of the site would remove a significant number of trees. The planning commission concurred with staff's findings and recommended the city council deny the proposal. (See pages A31-A39.) At the applicant's request, the proposal was placed on hold and the council did not take action on the item. Existina Site Features The combined site is located on the east side of Williston Road, just north of Excelsior Boulevard. There are currently two, vacant single-family homes on the two existing properties. (See page A3.) · Topography. There is a large knoll in the southeast corner of the property. From the knoll the site slopes significantly downward toward both the northeast corner of the site and Williston Road. There is over 20 feet in grade change from the top of the knoll to the lowest point of the site. · Trees. The site contains 90 trees; of these existing trees 85 are relatively healthy and structurally sound. The High-Priority trees on the site include large pine and spruce trees, as well as several large oaks. The site further contains Significant Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 6 Trees including basswood and poplar. The site does not contain a Woodland Preservation Area. Proposed Building Management As was proposed in 2004, Hillside Senior Living would be managed by International Care Management Services of Toronto, Canada. The company does not currently have any facilities in Minnesota; however, the company does manage several facilities, or approximately 1,500 beds, in the United States and Canada Proposed Resident Number Given the applicant's indication that no more than 10 percent of the available 69-units would be occupied by more than one person, the building would have between 69 and 76 residents. Proposed Buildina The proposed 69-unit, senior housing facility would meet the following minimum PUD standards: CODE REQUIRMENT PROPOSED Building Setback North 37 ft 40 ft South 37 ft 77 ft East 37 ft 39 ft West 50 ft 50 ft Parking lot Setback North 20 ft 20 ft South 20 ft 20 ft East 20 ft n/a West 20 ft 37 ft Floor Area Ratio 1.0 0.69 Impervious Surface 70% Approximately 32% Parking Spaces* 38 * 39 *based on "Convalescent Home" parking requirement total of 76 beds and no more than 25 staff on site at anyone time Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 7 BuildinQ Architecture Following planning commission discussion and vote on the proposal, the applicant met with staff to discuss the proposed building architecture. The applicant indicated that plans would be revised to illustrate a "more residential" building: the roof-line would be lowered and third-story windows placed within dormers, the number of windows would be reduced, and the color palate would be altered to more neutral tones. Staff believed these changes would be appropriate. However, to date, these revised plans have not been submitted. Parkina Senior housing developments must provide one parking stall per housing unit. For nursing homes or convalescent facilities the required rate is one parking stall per four beds, plus an additional three spaces for each four employees on the major shift. The proposal would meet the convalescent facilities requirement. GradinQ As proposed, the building would be centrally located on the combined site. Given the existing topography, a significant amount of grading would be required to accommodate the proposed building. To decrease topographic elevation, earth would be removed from the southeast portion of the site. The proposed grading plan calls for a 2-foot to 16- foot decrease in elevation throughout this area. Similarly, to increase grade, earth would be added to the northeast portion. The proposal requires a 2-foot to 10-foot increase in elevation over this area. (See page A28.) The city engineer indicates that in some areas, the proposed grading would result in slopes of 3:1. DrainaQe As proposed, stormwater runoff from the north half of the site would be directed northeast to a low area. From this area, stormwater would be channeled through underground storm sewer to the east and south for treatment in an underground retention facility. Stormwater runoff from the south side of the site would be directed straight to the underground facility. Based on current plans, adequate stormwater treatment is not provided prior to runoff discharge into this facility. Additionally, the plan provides only minimal opportunity for stormwater infiltration. The city engineer does note, that the underground facility could be redesigned to meet these requirements. Trees Loss and MitiQation As with any new development, trees within the defined "Basic Tree Removal Area" could be removed without mitigation. This area includes all trees with the footprint of the proposed building and drives, as well as trees within a 20-foot perimeter of the buildings and 10-foot perimeter of the drives. Based on the applicant's submitted narrative, 21 trees, or 33 percent of the healthy/sound trees on the site, would be removed to accommodate the proposal building and associated parking lots. An additional 5 trees would be severely impacted by the extensive amount of grading required on the site. Given extensive damage to the Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 8 root zones of these trees, the proposal would ultimately result in the removal and/or significant impact to 26 trees, or 33 percent of the healthy trees on the site. (See page A28.) Guide Plan Standards The Comprehensive Guide Plan document, which was recently drafted and is currently under review by the Metropolitan Council, anticipates that amendments may be requested from time to time to accommodate specific development proposals. However, the Guide Plan does not anticipate that such amendments should be considered lightly. Rather, the Guide Plan notes several criteria which should be considered in determining whether such amendment is appropriate. The 2030 Comprehensive Guide Plan outlines the following criteria which should be used in the review of requests to amend the guide plan designation of anyone property: 1. The change would be consistent with the policies, strategies, or other elements of the 2030 Comprehensive Guide Plan and the city's Strategic Framework, including those for certain long term planning areas. 2. The change would not create an adverse impact on public facilities and services that could not be mitigated with proposed improvements. Public facilities and services include roads, sewers, water supply, drainage, schools and parks. 3. Development resulting from the change would not create an undue impact to surrounding properties. a. Such development would be consistent with the physical character of the surrounding neighborhood or would upgrade and improve its viability. b. Physical character includes land use type, building height and size, relationships to the street, roof lines, and landscaping. c. Viability includes stabilization or enhancement of property values or removing blighting influences. 4. The change would allow a more viable transition to the planned uses on adjacent properties than the current land use. 5. The change would not have an adverse impact on the natural environment, including trees, slopes and wetlands, or the impact could be mitigated by improvements on the site or in the same vicinity. 6. There has been a change in city policies or neighborhood characteristics since the city adopted the original plan that would justify a change. Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 9 7. The change would correct an error made in the original plan. 8. There is a community or regional need identified in the comprehensive plan for the proposed use or service. 9. The change would help the city meet its housing goals. 10. The change would not adversely impact any landmarks or other historically significant structures or properties unless mitigated through relocation, commemoration or dedication. 11.ln the event a land use change includes numerous properties, such as a neighborhood area, the following factors should be considered: a. Determination of changed conditions on the properties or within the area surrounding the properties. b. The condition of the buildings on the property. c. If residential, the need to preserve the housing stock to meet city housing goals or if non-residential, the ability of the proposed new land use(s) to meet city housing goals. d. The ability of the assembled properties to allow for a unified development that meets the appropriate development criteria for the area in which it is located. e. The timing of intended development allows for any necessary roadway or other publiC infrastructure improvements to accommodate traffic from the proposed development. Finding: Based on these criteria, the applicant's requested guide plan amendment is not appropriate. Specifically: . The. requested land use change would have an adverse impact on the natural environment, including topography. . The proposed high-density housing development resulting from the land use change would not be consistent with the physical character of the surrounding neighborhood. Specifically, the proposal would not be consistent with existing land uses along the Williston Road corridor. . The proposed high-density housing development does not provide for a more viable transition to adjacent properties than the current land use. Perhaps if the Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 10 development included more area properties, there would be greater site design options and better opportunity for integration/transition into the surrounding area. . The proposal is not consistent with important land-use principals outlined in the 2030 Comprehensive Guide Plan. Namely, "the integrity of existing single-family neighborhoods will be preserved through careful management of land use transitions and impacts between potential conflicting uses. " PUD ZoninQ Standards City Code 300.22 Subdivision 1 outlines that the purpose of the PUD zoning district is to provide a zoning district which will encourage the following: 1. Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development. 2. Provision of affordable housing. 3. Energy conservation through the use of more efficient building designs and sitings and the clustering of building and land uses. 4. Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees. 5. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. 6. High quality of design and design compatible with surrounding land uses, including both existing and planned. 7. Sensitive development in transitional areas located between different land uses and along significant corridors within the city. 8. Development which is consistent with the comprehensive plan. Finding: Based on these considerations, the applicant's proposed PUD is not appropriate. Specifically: . The proposal is not consistent with the Comprehensive Plan. . As proposed, the PUD does not preserve desirable site characteristics or open space. Neither does the proposal protect sensitive environmental features, such as slopes and trees. . As proposed, the PUD does not provide sensitive land use transitions. Under existing conditions, natural topographic change and vegetation provide a Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 11 transition between a relatively low-intensity commercial site and low-density residential properties. The proposal would remove that natural transition, placing high-density residential use squarely between the low-intensity commercial site to the south and the low-density residential properties to the north. Site and Buildina Plan Review Standards City Code 300.27 Subdivision 5 outlines that the review of proposed site and building plans should consider the plans compliance with the following: 1. Consistency with the elements and objectives of the city's development guides, including the comprehensive plan and water resources management plan. 2. Consistency with the ordinance. 3. Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of neighboring developed or developing areas. 4. Creation of a harmonious relationship of building and open spaces with natural site features and with existing and future building having a visual relationship to the development. 5. Creation of a functional and harmonious design for structure and site features, with special attention to the following. a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community. b. The amount and location of open space and landscaping. c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses. d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. 6. Promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape material and site grading. Meeting of May 18, 2009 Subject: Hillside Senior Living, 5431/5439 Williston Road Page 12 7. Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: Based on these standards, the applicant's proposal is not appropriate. Specifically: . The proposal is not consistent with the Comprehensive Guide Plan. . The proposal does not minimize soil removal and include grade changes keeping with the general appearance of neighboring developed areas. Rather, a significant amount of grading would be required to accommodate the proposed building. Senior Housina There are currently 12 senior rental housing developments located throughout the city. The developments provide for a variety of market-rate, subsidized, assisted living, and memory care units. (See page A29.) Neiahborhood Comments The city surveyed 219 area property owners and received the comments as outlined on pages A42-A43. I "" -111) ~~ - /~~~/ _ ~'1'~ ~ '~ J ~ L--- ~;------ ~ I[ >'N =R-~I~ I I / ~\~ IK (~ W,=_ --I 1\ ~\ A 'j r I I /' --------; ~ '~ .'-ATRI ". . -- \'\ =-1\ ~ '-A I / ~" - \) 7".....'.' &f' ~.~ l,~ " I I / r- /- v / \ ~& '~~VV ~~ .... . ..- ~ ~ J~W , ~. ;/ \ ~~= ['[J )- .,......,.~ l I ~ I I ~ I I 10r J('- J ~ dt7='; ~ t",~~~;0 '>1 bl:jl~ (~ J~ ""::rL<::'L- ~ ~ [J JA ~~ ~U-r-' c{~~I,~~ ~~~~ ~ ~ ~rr:Y JJ m~ ~ sin"':" ~ft 1lP ~~ ~ ):3 -0 It- ..,,: N ~~--: ~ ~, ~ A ~ ~ 't4(tfr -r ~"~~~V ~i: ~~ ~ .. r!\Y f{ This ma v 10 .IVINe: 5431/5439 WILLISTON ROA[ ~ \\ \\ I LOCATION MAP Project: Hillside Senior Living Applicant: Hillside Senior Living LLC m.."tOab Address: 5431 and 5439 Williston Road (04037.09a) A1 RESOLUTION NO. 2009 RESOLUTION DENYING MULTIPLE ITEMS CONCERNING HILLSIDE SENIOR LIVING, PROPOSED SENIOR HOUSING DEVELOPMENT AT 5431/5439 WilLISTON RD BE IT RESOLVED by the City Council of the City of Minnetonka, Minnesota, as follows: Section 1. BACKGROUND. 1.01 Michael Suess, Hillside Properties, LLC proposing redevelop the existing properties at 5431 and 5439 Williston Road into a 69-unit senior housing development. (Project 04037.08a). 1.02 The property is legally described as: SEE EXHIBIT A 1.03 The proposed development requires multiple items: 1. Comprehensive Guide Plan Amendment from Low-Density Residential to High-Density Residential 2. Rezoning from R-1, low-density residential, to PUD, planned unit development. 3. Preliminary Plat. 4. Site and Build Plan Review. 1.04 On March 5, 2009, the Planning Commission held a public hearing on this proposal and the requests outlined in this resolution. The applicant was provided the opportunity to present information. The commission considered all of the hearing testimony and the staff report, which are incorporated by reference into this A60 HILLSIDE SENIOR LIVING 5431/5439 WILLISTON ROAD #04037.09A Resolution No. 2009- Page 2 resolution. The planning commission recommended that the city council deny the proposal and associated requests. Section 2. STANDARDS 2.01 The 2030 Comprehensive Guide Plan outlines the following criteria which should be considered used in the review of requests to amend the guide plan designation of anyone property: 1. The change would be consistent with the policies, strategies, or other elements of the 2030 Comprehensive Guide Plan and the city's Strategic Framework, including those for certain long term planning areas. 2. The change would not create an adverse impact on public facilities and services that could not be mitigated with proposed improvements. Public facilities and services include roads, sewers, water supply, drainage, schools and parks. 3. Development resulting from the change would not create an undue impact to surrounding properties. a. Such development would be consistent with the physical character of the surrounding neighborhood or would upgrade and improve its viability. b. Physical character includes land use type, building height and size, relationships to the street, roof lines, and landscaping. c. Viability includes stabilization or enhancement of property values or removing blighting influences. 4. The change would allow a more viable transition to the planned uses on adjacent properties than the current land use. 5. The change would not have an adverse impact on the natural environment, including trees, slopes and wetlands, or the impact could be mitigated by improvements on the site or in the same vicinity. 6. There have been a change in city policies or neighborhood characteristics since the city adopted the original plan that would justify a change. 7. The change would correct an error made in the original plan. A61 HILLSIDE SENIOR LIVING 5431/5439 WILLISTON ROAD #04037.09A Resolution No. 2009- Page 3 8. There is a community or regional need identified in the comprehensive plan for the proposed use or service. 9. The change would help the city meet its housing goals. 10. The change would not adversely impact any landmarks or other historically significant structures or properties unless mitigated through relocation, commemoration or dedication. 11. In the event a land use change includes numerous properties, such as a neighborhood area, the following factors should be considered: a. Determination of changed conditions on the properties or within the area surrounding the properties. b. The condition of the buildings on the property. c. If residential, the need to preserve the housing stock to meet city housing goals or if non-residential, the ability of the proposed new land use(s) to meet city housing goals. d. The ability of the assembled properties to allow for a unified development that meets the appropriate development criteria for the area in which it is located. e. The timing of intended development allows for any necessary roadway or other public infrastructure improvements to accommodate traffic from the proposed development. 2.02 City Code 300.22 Subdivision 1 outlines that the purpose of the PUD zoning district is to provide a zoning district which will encourage the following: 1. Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development. 2. Provision of affordable housing. 3. Energy conservation through the use of more efficient building designs and sitings and the clustering of building and land uses. 4. Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees. A62 HILLSIDE SENIOR LIVING 5431/5439 WILLISTON ROAD #04037.09A Resolution No. 2009- Page 4 5. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. 6. High quality of design and design compatible with surrounding land uses, including both existing and planned. 7. Sensitive development in transitional areas located between different land uses and along significant corridors within the city. 8. Development which is consistent with the comprehensive plan. 2.03 City Code 300.27 Subdivision 5 outlines that the review of proposed site and building plans should consider the plans compliance with the following: 1. Consistency with the elements and objectives of the city's development guides, including the comprehensive plan and water resources management plan. 2. Consistency with the ordinance. 3. Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of neighboring developed or developing areas. 4. Creation of a harmonious relationship of building and open spaces with natural site features and with existing and future building having a visual relationship to the development. 5. Creation of a functional and harmonious design for structure and site features, with special attention to the following. a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community. b. The mount and location of open space and landscaping. c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses. A63 HILLSIDE SENIOR LIVING 5431/5439 WILLISTON ROAD #04037.09A Resolution No. 2009- Page 5 d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. 6. Promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape material and site grading. 7. Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 2.04 City Code Section 300.07, Subdivision 1 states that a variance may be granted from the literal provisions of this ordinance in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration and when it is demonstrated that such actions would be consistent with the spirit and intent of this ordinance. Section 3. FINDINGS 3.01 The proposal is not consistent with property's existing Comprehensive Guide Plan designation. Neither does the proposal warrant an amendment of the existing Guide Plan Designation. 1. The proposal does not meet various criteria for such amendment, specifically: a. The requested land use change would have an adverse impact on the natural environment, including topography. b. The proposed high-density housing development resulting from the land use change would not be consistent with the physical character of the surrounding neighborhood. c. The proposed high-density housing development does not provide for a more viable transition to adjacent properties than the current land use. Perhaps if the development included more area properties, there would be greater site design options and better opportunity for integration/transition into the surrounding area. A64 HILLSIDE SENIOR LIVING 5431/5439 WILLISTON ROAD #04037.09A Resolution No. 2009- Page 6 d. The proposal is not consistent with important land-use principals outlined in the 2030 Comprehensive Guide Plan. Namely, "the integrity of existing single-family neighborhoods will be preserved through careful management of land use transitions and impacts between potential conflicting uses." 2. In the recent update of the Comprehensive Guide Plan, the city determined that existing guide plan designations in the area should remain. In doing so, the city determined that redevelopment proposal and any necessary Guide Plan amendments should be judged on their own merit. 3.02 The proposal is not consistent with the purpose of PUD zoning as outlined in City Code 300.22 Subdivision 1. Specifically: 1. As proposed, the PUD does not preserve desirable site characteristics or open space. Neither does the proposal protect sensitive environmental features, such as slopes and trees. 2. As proposed, the PUD does not provide a sensitive land use transition to adjacent low-density residential properties. 3.03 The proposal does not meet site and building plan standards as outlined in City Code 300.27 Subdivision 5. Specifically: 1. The proposal does not minimize soil removal or include grade changes keeping with the general appearance of neighboring developed areas. Section 4. CITY COUNCIL ACTION. 4.01 The city council denies the proposal and associated requests based on the above findings. Adopted by the City Council of the City of Minnetonka, Minnesota, on 2009. Terry Schneider, Mayor ATTEST: A65 HILLSIDE SENIOR LIVING 5431/5439 WILLISTON ROAD #04037.09A Resolution No. 2009- Page 7 David E. Maeda, City Clerk ACTION ON THIS RESOLUTION: Motion for adoption: Seconded by: Voted in favor of Voted against: Abstained: Absent: Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Minnetonka, Minnesota, at a duly authorized meeting held on ,2009. David E. Maeda, City Clerk SEAL A66 HILLSIDE SENIOR LIVING 5431/5439 WILLISTON ROAD #04037.09A Agenda Number 'I' 6 04 File 2008041 · " ! PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: FROM: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director Marie Darling (509-5457) through Barbara Senner:!': PI~g Manager MEETING DATE: June 10, 2008 APPLICANT: PROPPSAL: Komplete Academy Conditional Use Permit for an indoor commercial recreation use in the 1-2 Zoning District LOCATION: REVIEW DEADLINE: 9909 South Shore Drive September 12,2008 PROPOSED MOTION: Move to adopt the attached resolution approving a conditional use permit for an indoor commercial recreation use for Komplete Academy, as recommended by the Planning Commission. Approval of a conditional use permit requires a 4/7 vote of the City CounciL DESCRIPTION OF REQUEST: The applicant is requesting approval of a conditional use permit to allow a 12-week summer program for girls ages 8-14, an indoor commercial recreation Use as defined in the City's Zoning Ordinance. The applicant provides art, dance/fitness, and creative writing claSses Monday through Friday from 9 am to 4.pm. The applicant opened the business for the summer of 2007 and the City recently became aware of the program through a complaint. The business occupies 2,000 gross square feet within the northeast comer of a 158,880 square-foot building. . Page 1 File No. 2008041 Page 2 PLANNING COMMISSION ACTION: At their June 4, 2008 meeting, the Planning Commission unanimously recommended approv8I of this item. No one from the public requested to speak. The Planning Commission minutes are attached. Notice of this public hearing was published in the Official Newspaper and maile<;l to all property owners within 500 feet. Development signage was also placed on the site. CONTEXT: Surroundine: Land Use and Zonine: ~'<<.$.;:;\;!::\'}i~::,::;f,~':::::i1 :;::!':::;:f;;"6ufiUif';,,,;:{:"I: ':::;::;:::;::!.:::':~i':::;~::::::::Z:$.ill' LA~l RSF-2 p~ p~ IP 1-3 IP 1-3 IP ' 1-2 Previous Actions Affectine: Site The building was constructed in 1967. The City Council approved site plan amendments for parking expansions on this site in 1984 and 1993. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed project meets the standards listed in the Zoning Ordinance. If it meets the specified standards, the Ci~ must approve the permit. However, the level of discretion is affected by the fact that some of these standards are open to interpretation. PROPOSAL: The applicants are requesting approval of the conditional use permit to operate an approximately 12-week summer program. According to the applicant's narrative, the program seeks to develop self-confidence, academic achievement and artistic expression. In 2008, the program would run from June 16 to August 29. ' ANAL YSIS: The use proposed is consistent with the definition for indoor commercial recreation and is similar to dance and cheerleading studios and other instructional businesses operating in other industrial buildings. Their use does not meet the definition of a school or a day care facility, neither of . which are permitted in industrial districts. The site has 248 parking spaces, where 234 are required by the Zoning Ordinance. -1 Page 2 File NQ. 2008041 Page 3 FINDINGS: Staff used the seven general standards in Section 21015 of the Zoning Ordinance to make the following findings on the conditional use permit. A copy of the standards is attached. Comprehensive Plan The proposed use is consistent with the IP guiding classification of the City's Comprehensive Plan as a use compatible with industrial uses. ' Impact on Surrounding Property The summer program would not be injurious to the .use and enjoyment of immediately surrounding properties nor would it diminish and impair property values within the neighborhood because the program would be located within the existing building and no changes would be made to the building footprint or par19ng lot. Indoor commercial recreational uses are a conditional use in the" industrial zoning districts. Public Facilities The subject site is adequately served by public facilities. Additionally, East Medicine Lake Park would provide opportunity for outdoor activities otherwise unavailable in an industrial district. Performance Standards Section 21015.04 of the Zoning Ordinance .states that conditional uses shall be in compliance . with any federal or state laws or regulations. The building was constructed prior to the adoption of modem building codes and its constru~tion type, size and location on the property render it non-conforming to the State Building Code. Therefore, the intensity of the uses in the building is subject to limits, and the occupancy of any use is limited to 1 person per each 100 gross square 'feet. As the applicant has 2,000 gross square feet, they may not exceed 20 persons in the tenant space at anyone time in any combination of instructors and participants. Staff has added a- condition in the resolution to this effect. Although the applicant can operate with this restriction now, the condition would limit the applicant's ability to grow in this iocation. . CONCLUSION: This application is subject to both measurable standards and standards that are open to interpretation. Staff has concluded that the application meets all measurable standards of the ordinance. However, since this conclusion is based upon standards that are open to some interpretation, the City Council could reasonably reach another conclusion on this application. ( . Page 3 File No. 2008041 Page 4 RECOMMENDATION: Community Development Department staff recommends approval of the conditional use permit to allow a summer program for Komplete Academy 'to operate at 9909 South Shore Drive, subject to the conditions listed in the attached resolution and as recommended by. the Planning Commission. ATTACHMENTS: 1. Planning Commission Minutes 2. Conditional Use Permit Standards 3. Applicant's Narrative 4. Location Map , , 5. Notification Area Map 6. Aerial Photo 7. Site Graphics 8. Resolutio:p. Approving Conditional Use Permit Amendment O:\PLAN\ST AFFREP\O:\PLAN\ST AFFREP\CC\2008\2008041 cc komplete.doc .; i .. \ i Page 4 I Draft Planning Commission Minutes June 4, 2008 B. KOMPLETE ACADEMY (2008041) Chair Holmes introduced the request by Komplete Academy for a conditional use permit to. allow an indoor commercial recreation use in the 1-2 zoning district for property located at . 9909 South Shore Drive. Senior Planner Darling gave an overview of the staff report. COminissioner Nelson asked about the complaint that was received by staff. Senior Planner Darling said that staff were told that there was a use in the building that did not appear to be standard industrial or office use and were asked to investigate. . Commissioner Jaffoni asked if under the comprehensive plan heading on page 3 of the staff report, if the P-1 guiding would be I-P guiding. Senior Planner Darling said that the letters were reyersed and that the staff report should read 1-P guiding.. . Commissioner Jaffoni asked if the complainant was aware of the occupancy limitation and if they agree with the condition. Senior Planner Darling said that the applicant is now aware of that particular restriction. She said that they are cUlTently a very small program with only seven girls and that they can operate within that restriction for the time being. She said that should they continue to grow, they would have to come back before the Planning Commission and City Council to request additional space in order to maintain the .1 person per each 100 gross square feet or they would have to look f9r another location. Chair Holmes introduced the applicant's representative, Eli Russell from the properly. management company. Mr. Russell said that he was available for questions. Chair Holmes opened and closed the public hearing as there was no one present to speak on the item.' . Co:tiunissioner Aamoth asked why this approval would expire after one year. Planning. Manager Senness said that approval would expire after one year if the applicant had not started the project. She said that this is standard resolution language and that it would not apply since the applicant already occupies the space. Planning Manager Senness said that Commissioner Weir commented that he would support the request fora conditional use permit. Commissioner Jaffoni asked why this operation would not be considered a school. Senior Planner Darling said that by the Zoning Ordiriance definition, it would have to qualify to meet the. state's requirements for compulsory education to. function as a school and this use does not meet that criteria. Page 5 . -i- , ! ; ! Draft Planning Commission Minutes June 4, 2008 MOTION by Commissioner Nelson, seconded by Commissioner Jaffoni, to approve the . . request by Komplete Academy for a conditional use permit to allow an indoor commercial recreation 'use in the 1-2 zoning district for property located at 9909 South Shore Drive. Roll Call Vote. 6 Ayes. MOTION approved wianimously, 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Holmes, without objection, to adjourn the meeting at 7:22 p.m. \, Page 6 ZONING ORDINANCE .~:::l.~.. CONDITIONAL USE PERMIT STANDARDS 21015.02 PRQCEDtJRE: Pursuant to Minnesota Statutes 15~99, an application for a conditional use Permit shall be approved or denied within . sixty( 60) days from the date of its official and complete submission unless extended pUrsuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies. shall extend the review and decision-making period an additional sixty (60) 4ys unless this limitation is waived by the appliC3Il:t. Subd.5. The ~Ianning Commission shall Consider possible adver$e effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the fOllowing factors: . 1. - Compliance with and effect upon the.Comprehensive Plan, including 'public facilities and capital improvement plans. 2. The establishment, maintenance or operation of the conditional USe - will promote and enhance the general public welfare and will17l0t be . detrimental to Qr endanger the public health, safety, morals,. or comfort. 3". The conditional use will not.be injurious to the use and enjoyment cif . other property in the .immediate vicinity for tb,e pUIpose already permitted, nor substantially diminish and impair property valueS within the neighborhood. 'Theestablishnient of the conditional use will not impede the normal and orderly developmen~ and improve.{I1ent of surrounding property for uses permitted in the district. 4. . . 5. Adequate public facilities and services are available or can be reasonably provided to a~commodate the use which is proposed. . 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. . .. The conditional use compIles with the general and specific performance standards as specified by this Section and this Chapter. Section 21015-Plymouth Zoning Ordhiance -. (fonus/ cupsta) '.' ..... j I 1 I Page .7 -t E clJ n 1 \ I...---~:...---:, \ .. . \ I "v<,\ . \ i '\, \ \, ',,\ Vomplete '\ ;Lt:xJ<6M, May 08,2008 Dear City Of Plymouth, Komplete Academy is a nonprofit organization that provi4es a 12 week summer program for girls ages 8 to 14. While attending Komplete Academy the girls will participate in 3 classes, art, dance/fit and creative writing/computer lab! Komplete Academy's hours of operation are Monday through Friday from 9:00a.m. until 4:00 p.m. The girls are dropped offby their parent's in the morning and pickecl up by their parent's at the end of the day. The mission ofKomplete Academy is Kids Of Many Promises Learning Everyday To Exce1.Komplete Academy's projects, implemented by a well trained staff of four employees, provide many opportunities which benefit the girls,attempting te .develop them into young,respectable ladies. Supporting the development of self-confidence,academic achievement,and artistic expression,Komplete Academy provides the girls with a thorough foundation for future success. . Respectffully, Sonya Reese Amended . 7 confirmed members . 4 Employees . Summer session only f;.....:~..r;!~...i~:7~..'...-U:.~~~i~;r-.;;:~71~~\~ . '__\' ,..... \;.,;) .""" ."'" . In, '.' \.1 \ ".. . liw... .. ...,~.. It " ........".. 'T ..______.e......--..; I' l\ 'Jr'" f!l .1; t........;. ~. ~ ~\ ~~-: 5',\~ MAV I 3 2008 11LJi; i~i 11i 1\1 ~ 1:1 \. . r ~"14""'~.4 r. ':~--=--Gif( Or :'l:YMO~JrE . . . COiJ,MUflf1Y r.!:'t~~I.O!'~.~~~1 :,i;::?;\~T~'ili1.J "~''''"'t.._..t............~"IOI . 3 class sessions(lhr and 30min each) j i Page 8 I ! 9909 South Shore Drive 0 Suite 174 0 Plymouth, MN 554411 0 .. P 763-540-0001 0 F 763-54()-0002 ..+ "Kids Of Many Promises Learning Everyday To Excel" f>'J ~ ~ ~ ~~ ~ ~ ~ ~.t ~ ~ ~ ~ c ~ ~ =~ - . .- 0!I""'lt"5!~ ..... .. .s: ""- tEi ~-= ~ tg_ =s:..1 nI.t:I -= ell cP S! ='t:'!',=,-.;:::.a ~ .:5 oS .cJ ;S'J> ~ ;.. == = =.-o.e = . 1;0.:1 ~ Po'- i: cu = !;;t. E-t - = CD._ cP lU &; ~ Po ~ ';:i -;:a = a= "d ~ S fJ.6o ~ If:!' H fJ..... EI CD lei . U c:.:>>..... nI-:: ;;a!.;il:ftJl';- --.--.------ --""'--------....--. --"- III ~ rn .... EI o .. At @)i '- o rn '= .... === -- .-. ~ U >C W I!. =- '= ~ .. ~ ==- w =n a:I .... a:I .. ft:I ~ ..:r .. N .... :II: l!j.... I J ... Am: -= .: lit = i I' t! 0 .!S :I~; .. m g I at II o 0 50 IC:;: ---~---- ._-----"- .-.-.-- & o u . .... ;; I g = = do. a~1 N~J i L'I · o I I E .. ~ :u .. - e ~ Cll ~ ;,; = Gi 0 .s 1ft ~ .. S ~ 1ft = ~ ;,; R co .5 := 0 a ~ 1ii ~ ~ ;,; - l1li i co is :I ! CoJ :; lift i i :m ~ co i! =: + j ~ -~ a s Q-- . ~ ( Page 9 0 I :a. - .... fd' ~ 0 .! .... 1:: ... .... 'tS .... r:: - tI ~ G) i .... :;j 0. a r:: g., Q) rn 0 tLI ~ ',::1 := ~. i .~ lIS - = 0 .S ~ ~ e ~ :s::l 'J;: 'f;; ~ G) a .... :;j .... 0 ti ti s:: .... 0 -g C1I !:I C1I >- cd 'tS g. ~ "':'"5 C1I 14 .~ ~ ~ G) -a "CS .. -; 0 s:: 0. 0 s:: ;:; - = ~ as ] .S cd .a .... Jj .- ~ rn 'G) - (I) .... .- ..... ~ .... :> .... ~ U s:: ..... Qi ~ j .- ~ <<S 1-1 - ~rn. ~ ~ C1I u .a C1I P.. (I) -= ::: 0. - ~ ..::I (l:~~~,:::<t~~;r;> .. , . ., }" ,. 'i< -- CIl':t = ~ c= c:Q I=cI 1. - cis ~ tn a lI) t) a ... 11 ; g. ~ G) ~ (\) .~ ~ 2 .~ Iii :if a ij i 5 ~ i .! w 0 ~ B g ~ .9 i' At 0 CIS ... 1= SJ (\) o u ;g ~ lid ~ .!9 i . j 1 I I~ ~t, IIil!! 1ft tJ.ft ~ 11II a -g 101.; ~i~o="ll t-::s ~e.g... ~ i~~ t;8 iil~]i~ .... rn J! ~ .!1 0 ~ i i;:I >- .~ 1) .... IJ) 1) - IJ) i ] .t- IJ) :E s:: t) .... cd .!1 "CS e Q) (I) 0 t.1 [ ..' ~:~:.~ ,(;i~~+l .~ . '. ....1~ '::'1 "1 .~.f.~~!I! .6 .. .~ ",,'1 '1 7~1 . -. "--'-~~."~I -..:~",.~.~,~~ ..... ..:."../U . ! E' I ~ ~ .~ ta .... 'J;: .... t) l-I -a 0 ..=r i ~ <<S 1:i ~ t ~ ~ ~ 0 a 0 .S 0 +l ~ 0 .... "tS 0 Q) 0 Q) .... .E IJ) m .! C1I ..Q g IJ) t:n s:: Q) .~ >- Q) (I) .Q td - :a .! ~ Q) - ~ :a 'J;: ~ 0 e \',. Page 10 Location Map- 2008041 Komplete Academy 9909 South Shore Drive Request for a Conditional Use Permit ~jlVO{. . Plymouth, Minnesota ; Legend ffiIII[]] C, Comercial - DID CC, City Center [[[] CO, Commercial Office ~ IP, Planned Industrial CJ LA-1, LivingArea 1 c:::=J LA-2, Living Area 2 ~:::::::ILA-3, Living Area 3 ~ LA-4, Living Area 4 c=J LAR, Living Area Rural ~ P-I, PubliclSemi-Publicllnstitutional 700 I 350 o --. 700 1,400 'Feet ( Page 11 ;,tOO rOf./ { Notification Area Map fF"""'""::""-=="'=="::-==---=o:'==~.=--=-=...","~.::,-=..",...==.",--=-::-:::...-=:;::=-:===,-.":=::.::.,,,,.",,,,,,,,:::..;=..:.-_.,.;.:~,.,=,,=-.:..-=-,-,,,. --:\ 11- Henne~in County Ta;ayerServices: Vari~::~Z~b~IS 11 I, This,is not a legally recorded map. It represents a compilation of information and data from City, County and State authorities. I . ! ;:- ", .'~ . .~ ", ...I~i:.~, ',~ Parcel Information: Parcel ID: 25.l18-2244.0011 Owner Name: MEDICINE LAKE PROP PLYMOUTH ~pareeIAddresS:9909S0UTHSHOREDRPLYMOUTHMN'55441 ''',;'\.:.' ": '. ~,- '<~J Buffer Size: 500 it. ., l :;.! l :1 i'!iAY 1 5 20 B I ji,,:"i t :: '1'1 , , ..~"., J l ij .==-....-.::..-___._ - .._.___._______.. ,__"_'_"___'__'__"'__' ..,__ .___.._.._....___..__.__...__._.._.C'... .._._.:..-j.'..:..--,-<!!.~~..I. ~ ~ ---. .---- --- -.------'~i~Y~ 'i)?;T;:::!;:::;iQHC~;_-':!lJ!;~~~\~'1 I : Page 12 Date Printed: 5/8/2008 2:21:28 PM , "', :;.;;':~.!.'. ",,' -Ig~. I F-c' ~~~. !J ~ .~ ~~. ~, :j} ~-;I ~, ;: ~ ~ ~ fllll'ltI" ~ity of Plymouth, Minnesota Aerial Photograph- 2008041 375 I 187.5 o 375 + 750 'Feet Page 13 <t <:) ~ <.::, c ~ \ . . . . . . . . . . . . . . . . . . .\, w>- ti::2 .... c:~;t~ ::2<(-'" ou-;;o ~<( ..: sn 09 IS w o <5 ::c o - ~" (1)'<.::::> a::- O~~ Z ,.. w c.n (IJ (IJ W U o O::(IJ a...~ .... OWa:l~ wt1.:;;;.~ ~>- N ~Ul .: o '1- :::::> <( 0. zU -z >-- w ~U'> aU'> .... ut5u~ ::?E 0 ,;;;;,,,, 00::: '" a... II> 0:: trio fo<( :z:. ~ ~ , ! I >- o .... z",~ <(,.. u~o <("11=;:1; > .:. 3sn Qa N3~ <( z W o 0 -wz .... ~Cl<( lQ~ .Z<(I_-o o:::o::u . 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'I ';1 .. i- .. t i = . ..:. ._, > ! ! i. l:i.j!, -j,., ~:;, i ll:l j II:: ii~: 2= :~ !~i~ i ;:l h= ! ~~!!, I I. ...: u 'I.. . . _.. _ __.. I r .Ii:;. ::: ';~ ..= ..,16.. .... :8: : ,=1t1t' j . c . . .". .. '. "t.. . ~.'t & .~ ~: i... ,.; ;< l!in ill 5!tH iij:] Hl :Ih;bi!~i; lilllli I,'; . P ;;.~ ;" ;.;' · .. "- .! Page 15 j. t J ....: CITY OF PLYMOUTH RESOLUTION 2008 - APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR KOMPLETE ACADEMY AT 9909 SOUTH SHORE DRIVE. (2008041) WHEREAS, Komplete Academy has requested approval of a conditional use permit amendment to allow operation of an indoor commercial recreational use for a summer program in the existing building on property legally described as follows: Tract A, Registered Land Survey No. 1236, Files of Registrar of Titles, County of Hennepin. . All that part of the. three following described tracts of land, to-wit: Tract A, Registered Land Survey No. 942, Files pf Registrar of Titles, County of Hennepin; and That part of Government Lot 4 lying Northeasterly of a line drawn from the angle point in , the center line of South Shore Drive as platted in East Medicine Lake 2nd Addition (the angle point in said center line being opposite the angle point in Lot 2, Block 1, of said plat and the angle point in said center line being hereinafter known as Point A) to the southwest comer of Tract A, Registered Land Survey No. 942, except that part embraced in the plat of East Medicine Lake 2nd Addition, Section 25, Township 118, Range 22; and The Southeast ~ of the Southeast Y-J of Section 25, Township 118, Range 22, except that part embraced in the plat of East Medicine Lake 2nd Addition, and except that part embraced in Registered Land Surveys No. 921 and 942; which lies Sou~westerly of a line drawn Northwesterly from the Northeast corner of Tract A, Registered Land Survey No~ 1236, Files of Registrar of Titles, County of Hennepin, to a point on the center line of South Shore Drive as platted in East Medicine Lake 2nd Addition distant 50 feet Northeasterly, measured along said center line, from the aforementioned Point A. WHEREAS, the Planning Commission has reviewed the request at a duly called public hearing and recommends approval.' NOW, THEREFORE, BE IT HEREBY RESOL YED BY THE .cITY COUNClL OF THE CITY . OF PL YMOUTH, MINNESOTA, that it should and hereby does approve the request by Komplete Academy for a conditional use permit for property located at 9909 South Shore Drive, subject to the following conditions: 'page 16 . .-t-